91-A:4 Minutes and Records Available for Public Inspection. —
I. 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. [... ]
I}]-a. Governmental records created or maintained in electronic form shall be kept and
maintained for the same retention or archival periods as their paper counterparts. |... ]
III-b. A governmental record in electronic form shall no longer be subject to disclosure pursuant
to this section after it has been initially and legally deleted. For purposes of this paragraph, a
record in electronic form shall be considered to have been deleted only if it is no longer readily
accessible to the public body or agency itself. The mere transfer of an electronic record to a
readily accessible "deleted items" folder or similar location on a computer shall not constitute
deletion of the record.
IV. = (a) Each public body or agency shali, 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.
(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.
(c) A public body or agency denying, in whole or part, inspection or copying of any
record shall provide a written statement of the specific exemption authorizing the
withholding of the record and a brief explanation of how the exemption applies to the
record withheld.
(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. [.. . ]
V. In the same manner as set forth in RSA 91-A;:4, IV, any public body or agency which
maintains governmental records in electronic format may, in lieu of providing original records,
copy governmental records requested to electronic media using standard or common file formats
in a manner that does not reveal information which is confidential under this chapter or any other
law. If copying to electronic media is not reasonably practicable, or if the person or entity
requesting access requests a different method, the public body or agency may provide a printout
of governmental records requested, or may use any other means reasonably calculated to comply
with the request ... Access to work papers, personnel data, and other confidential information
under RSA 91-A:5, IV shall not be provided.
