Statutory Exemption

Also known as MGL Chapter 4, Section 7(26)(a).

Thank you to Caitlin Russell for contributing to this entry. This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.

The statutory exemption can be applied to withhold information that is exempt from disclosure due to existing statutes. This exemption can be applied in two ways. Information that is described in a given statute as not being subject to the public record laws, such as the names of domestic violence victims, is exempt under the statutory exemption. The other use of this exemption applies to information that is only legally allowed to be shared with a specific group of people, such as medical information. Under the Health Insurance Portability and Accountability Act (HIPAA), the dissemination of medical records is limited, in most cases, to patients, healthcare providers, and the patient’s court appointed guardian should he or she have one.

Example Appeals

For use when an agency withholds information by citing the Fair Information Practices Act (FIPA) without explaining what elements of the Act apply to the redactions. May also be adjusted and used in other instances in which an agency cites another statute without clarifying its applicability to the situation.

This agency has failed to meet its burden of properly explaining how the Fair Information Practices Act applies to either justifiably withhold records or redact certain information.

While G. L. c. 4, § 7 (26)(a). creates two categories of exempt records - the first including records that are specifically, explicitly exempt from disclosure by statute and the second category including records deemed exempt under a statute by necessary implication - such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities.

The Supervisor of Public Records upheld this requirement of the application of the FIPA in SPR Case Number 20170903, and in light of that fact, I ask that you reexamine your determinations on this request.

Proper Use

-This exemption may be used if release of the information would violate an established statute.

Improper Use

-Citing the statutory exemption when no statute exists that prevents the lawful release of the material requested.

Key Citations

Attorney General v. Collector of Lynn, 377 Mass. 151, 154 (1979) Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977)