What is the public’s Right-to-Know in New Hampshire?

The public’s Right-to-Know in New Hampshire is a law that allows citizens to access public documents created, received, and owned by public bodies and agencies. The Right-to-Know Law applies to records held by “public bodies,” which generally includes, among other things, any “board or commission of any state agency or authority” and any local “legislative body, governing body, board, commission, committee, [or] agency.” The law can be read HERE.

The process of requesting and receiving records from government agencies under the Right-to-Know Law requires a written request to the government agency. The request should be as specific as possible and should include the type of records you are seeking, and the names of any specific documents. The government agency then has five business days to respond to the request by providing the records, letting you know when they can reasonably respond, or denying the request.

When drafting tailored requests, it is important to provide as much detail as possible. This includes the type of records you are seeking, the specific documents you want, and the date range of the records for which you are searching.

If communications are sought, we recommend using precise date limitations and being specific as to who the senders and recipients should be. It is also important to be aware of any exemptions that may apply to the records you are requesting

The format in which documents can be received varies depending on the type of record requested. Generally, records can be provided in paper form or electronically, depending on the government agency's capabilities. However, the Law does not impose a duty upon the agency to deliver records in the electronic format preferred by a requester, so long as the chosen format did not diminish ease of use or the public’s access to the information. The agency has no obligation to create documents in response to a request.

Under the Right-to-Know Law, government agencies can charge fees to cover “the actual cost of providing the copy,” which includes the cost of copying and mailing the documents.

READ MORE, including how to file a request, in this article by GILLES BISSONNETTE, Legal Director, ACLU-NH and 2023 Nackey S. Loeb School First Amendment Award Honoree.

Learn more from our colleagues at Right to Know NH.