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The Massachusetts Public Records Law treats computer files (no matter what format and including GIS data files), just like any other public record.  Thus, unless the files are subject to one of the public records law exemption, they must be provided to the person or organization making the request.  The time period allowed for in responding to such requests and the financial charges allowed in providing copies of data files are the same as for other kinds of public records.  As with other public records requests, no explanation of the intended use for GIS data needs to accompany the request.  For more information on the public records law, see the links below.
  • What is a Public Record - On this page for the Division of Public Records from the Secretary of the Commonweatlh's web site you can find a document called "A Guide to the Public Records Law" as well as some other related documents and links.
     
  • Overview of Public Records Law as it Pertains to GIS - This presentation prepared by Neil MacGaffey at MassGIS  provides a short overview of the essential requirements and provisions, including specific exemptions, of the public records law as it pertains to GIS data; many of the slides reference specific pages in the document mentioned above "A Guide to the Public Records Law".  (187 kb; in PDF format - requires the free Adobe Acrobat Reader software or plug-in)
  • Letter From Public Records Custodian on GIS - In 1996, Mary E. Schwind, then Acting Supervisor of Public Records, Commonwealth of Massachusetts, wrote a letter to Daniel M. Funk, City Solicitor for the City of Newton.  In this letter, Ms. Schwind responds to some specific questions concerning interpretation of public records law as it pertains to GIS databases.
Those interested in this issue may also find it helpful to read the information on a Model Data Distribution Policy.


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