New Hampshire FOIA Procedures - Ballotpedia

New Hampshire FOIA procedures
FOIA laws in New Hampshire
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in New Hampshire as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

Contents

• 1 How to request public records in New Hampshire
  • 1.1 Purpose and use
• 2 Who may request public records?
• 3 Fees
• 4 Response time
• 5 Exemptions
• 6 See also
• 7 External links
• 8 Footnotes

How to request public records in New Hampshire

New Hampshire law does not specify how requests for information should be made, only that "Each public body or agency shall, upon request for any governmental record reasonably described, make available for inspection and copying any such governmental record within its files when such records are immediately available for such release."[1]

Purpose and use

The only requirement for a statement of purpose is the release of statistical data sets for research that may contain personal information. Records released as statistical data sets can only be used for research and cannot be distributed to undeclared, non-research personnel.[2]

Who may request public records?

See also: List of who can make public record requests by state

Section 91-A:4 of New Hampshire law states that "[e]very citizen ... has the right to inspect all governmental records."[1] However, whether that section refers to citizens of New Hampshire or the United States is not clear.[1][3][4][5]

“

Every citizen during the regular or business hours of all public bodies or agencies, and on the regular business premises of such public bodies or agencies, has the right to inspect all governmental records in the possession, custody, or control of such public bodies or agencies, including minutes of meetings of the public bodies, and to copy and make memoranda or abstracts of the records or minutes so inspected, except as otherwise prohibited by statute or RSA 91-A:5. In this section, 'to copy' means the reproduction of original records by whatever method, including but not limited to photography, photostatic copy, printing, or electronic or tape recording.[6]

”

Fees

See also: How much do public records cost?

New Hampshire law allows for fees that include the cost of duplication only. According to Section 91-A:4:[1]

“

(d) If a computer, photocopying machine, or other device maintained for use by a public body or agency is used by the public body or agency to copy the governmental record requested, the person requesting the copy may be charged the actual cost of providing the copy, which cost may be collected by the public body or agency. No cost or fee shall be charged for the inspection or delivery, without copying, of governmental records, whether in paper, electronic, or other form. Nothing in this section shall exempt any person from paying fees otherwise established by law for obtaining copies of governmental records or documents, but if such fee is established for the copy, no additional costs or fees shall be charged.[6]

”

Response time

See also: Request response times by state

New Hampshire law allows for five days to respond to records requests. Extensions are available if the person making the request is notified in writing within five days of when the records will be available. According to Section 91-A:4:[1]

“

(b) If a public body or agency is unable to make a governmental record available for immediate inspection and copying the public body or agency shall, within 5 business days of a request: (1) Make such record available; (2) Deny the request; or (3) Provide a written statement of the time reasonably necessary to determine whether the request shall be granted or denied and the reason for the delay.[6]

”

As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

New Hampshire law exempts a number of records from its laws regarding information requests. According to Section 91-A:5, the following types of documents are exempt:[7]

“

The following governmental records are exempted from the provisions of this chapter: I. Records of grand and petit juries. I-a. The master jury list as defined in RSA 500-A:1, IV. II. Records of parole and pardon boards. III. Personal school records of pupils, including the name of the parent or legal guardian and any specific reasons disclosed to school officials for the objection to the assessment under RSA 193-C:6. IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a public body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected. V. Teacher certification records in the department of education, provided that the department shall make available teacher certification status information. VI. Records pertaining to matters relating to the preparation for and the carrying out of all emergency functions, including training to carry out such functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. VII. Unique pupil identification information collected in accordance with RSA 193-E:5. VIII. Any notes or other materials made for personal use that do not have an official purpose, including but not limited to, notes and materials made prior to, during, or after a governmental proceeding. IX. Preliminary drafts, notes, and memoranda and other documents not in their final form and not disclosed, circulated, or available to a quorum or a majority of the members of a public body. X. Video and audio recordings made by a law enforcement officer using a body-worn camera pursuant to RSA 105-D except where such recordings depict any of the following: (a) Any restraint or use of force by a law enforcement officer; provided, however, that this exemption shall not include those portions of recordings which constitute an invasion of privacy of any person or which are otherwise exempt from disclosure. (b) The discharge of a firearm, provided that this exemption shall not include those portions of recordings which constitute an invasion of privacy of any person or which are otherwise exempt from disclosure. (c) An encounter that results in an arrest for a felony-level offense, provided, however, that this exemption shall not apply to recordings or portions thereof that constitute an invasion of privacy or which are otherwise exempt from disclosure. XI. Records pertaining to information technology systems, including cyber security plans, vulnerability testing and assessments materials, detailed network diagrams, or other materials, the release of which would make public security details that would aid an attempted security breach or circumvention of law as to the items assessed. XII. Records protected under the attorney-client privilege or the attorney work product doctrine. XIII. Records of the youth development center claims administration and the YDC settlement fund pursuant to RSA 21-M:11-a, with the exception of settlement agreements, which shall remain subject to RSA 91-A:4, VI, and, after a claim has been finally resolved, such other records the release of which would not constitute a violation of other provisions of law or an unwarranted invasion of a claimant's privacy. [6]

”

See also

• Freedom of Information Act

External links

• New Hampshire Statutes Chapter 91-A: Access to Governmental Records and Meetings
• New Hampshire Archival Holdings
• Open Government Guide to New Hampshire

Footnotes

1. ↑ 1.0 1.1 1.2 1.3 1.4 New Hampshire General Court, "Section 91-A:4," accessed May 12, 2025
2. ↑ New Hampshire General Court, "Section 91-A:10." accessed May 12, 2025
3. ↑ National Freedom of Information Coalition, "New Hampshire FOIA Laws," accessed May 29, 2025
4. ↑ MuckRock, "New Hampshire Public Records Guide," accessed May 29, 2025
5. ↑ Reporters Committee, "New Hampshire Open Government Guide," accessed May 29, 2025
6. ↑ 6.0 6.1 6.2 6.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
7. ↑ New Hampshire General Court, "Section 91-A:5," accessed May 12, 2025

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