Open Records

New Hampshire’s public records law is the Right-to-Know Law, RSA Chapter 91-A, officially titled “Access to Governmental Records and Meetings.” Enacted in 1967, it declares that “openness in the conduct of public business is essential to a democratic society” and aims to ensure the greatest possible public access to the actions, discussions, and records of public bodies.

Who can request records

Any person may request records. New Hampshire case law has established that a requester can remain anonymous when making a request.

What’s covered

“Governmental records” is broadly defined – any information created, accepted, or obtained on behalf of a public body or public agency in furtherance of its official function, in any form (paper, electronic, or otherwise). Note: RSA 91-A applies only to New Hampshire state and local agencies – it’s a distinct law from the federal FOIA, which applies only to federal agencies, so an agency will typically process a request citing “FOIA” under RSA 91-A instead if it’s a New Hampshire body.

How to request

Submit a request in writing (though the law also covers verbal requests in some contexts), describing the specific records sought – ideally including a date range. The law does not require an agency to compile data into a specific requested format or to create a new document that doesn’t already exist.

Response timeline

If a record isn’t immediately available for inspection and copying, the public body has 5 business days to respond in writing. That response must either: make the record available, deny the request in writing with reasons, or acknowledge receipt and state the time reasonably necessary to determine whether the request will be granted or denied.

Fees

– RSA 91-A:4, IV(d) permits a reasonable fee to cover the cost of producing, reviewing, and redacting records. – If the requested information is readily available, there’s typically no fee. – If records need to be compiled, reviewed, and redacted, a fee for that work may apply. – Fees for paper copies or transfer to media like a USB drive follow each agency’s own fee schedule. – A flat, unreasonable copy-fee schedule can be found unlawful under the statute – courts have specifically weighed in on what a municipality can charge to produce records.

Exemptions

RSA 91-A:5 lists specific exemptions, including internal personnel practice records, confidential/commercial/financial information whose disclosure would invade privacy, medical and welfare records, library user and video rental records, personal notes without official purpose, and preliminary drafts/notes not yet in final circulated form.

If your request is denied

New Hampshire has a dedicated Right-to-Know Ombudsman (within the Secretary of State’s office) who can informally review and issue orders on disputes – a lower-stakes first step before going to court. If a public body is found to have violated the law, it’s liable for the requester’s reasonable attorney’s fees and costs, provided the court finds the lawsuit was necessary to enforce compliance.

A note on terminology

New Hampshire’s law is officially the “Right-to-Know Law” (RSA Chapter 91-A) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).