Number 11 July 22, 1975

Number 11 July 22, 1975 Ms. Lola Dickerman Secretary of Consumer Affairs One Ashburton Place Boston, Massachusetts 02108 Dear Secretary Dickerman: You have requested my opinion as to the applicability of G. L. c. 4, § 7, cl. 26, which defines "public records" for the purpose of public disclosure, with respect to such items as letters of complaint, investigatory materials, applica- tions for licensure and examination papers. The 1973 Amendments to G. L. c. 4, § 7, cl. 26 substantially changed the Public Records Law in Massachusetts by making a presumption that govern- mental records are public, unless they fall into one of the specific exemptions contained in the statute. Thus, in order to determine whether a particular record is a "public record", it is necessary to determine whether the record falls within any of the specific exemptions contained in G. L. c. 4, § 7, cl. 26. If not specifically exempted, the record is deemed to be public. In this instance, I lack sufficient factual information to determine whether any of the exemptions contained in section 7 are applicble to the particular records you have cited. For example, you have asked whether Clause Twen- ty-six requires disclosure of matters of complaint which mention specific individuals. It is impossible to answer such a question without knowing the precise nature of a particular complaint letter. Does it contain medical information? Cl. 26(c). Would its disclosure constitute an invasion of per- sonal privacy? Id Does it contain investigatory materials the disclosure of which would probably so prejudice the possibility of effective law enforce- ment that such disclosures would not be in the public interest? Cl. 26(f). At this point, I confront a series of hypothetical questions which are not appropriate for an Attorney General opinion. I Op. Atty. Gen. 273, 275 (1895). I, therefore, must respectfully decline to answer. If you are faced with P.D. 12 83 a problem involving factual situations which actually confront your agency, I shall be happy to respond to a formal request containing specific questions. See 1966-1967 Atty. Gen. Rep. 1 12, 1 14. Very truly yours, FRANCIS X. BELLOTTI Attorney General