Rhode Island FOIA procedures
| Rhode Island FOIA procedures |
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| FOIA laws in Rhode Island |
| Freedom of Information Act |
| Court cases with an impact on state FOIA |
| FOIA procedures by state |
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 Rhode Island 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
How to request public records in Rhode Island
Requests for public records of public agencies must be made directly to the agency in question. According to Rhode Island General Laws Section 38-2-3(d):[1]
| “ | Each public body shall establish written procedures regarding access to public records but shall not require written requests for public information available pursuant to § 42-35-2 or for other documents prepared for or readily available to the public.[2] | ” |
Purpose and use
Rhode Island law prohibits any restrictions on the use of records and requirements of a stated reason for the request. According to Rhode Island General Laws Section 38-2-3(j):[1]
| “ | No public records shall be withheld based on the purpose for which the records are sought, nor shall a public body require, as a condition of fulfilling a public records request, that a person or entity provide a reason for the request or provide personally identifiable information about him/herself.[2] | ” |
Who may request public records?
Rhode Island law states that anyone may request public records. According to Rhode Island General Laws Section 38-2-3(a):[1]
| “ | Except as provided in § 38-2-2(4), all records maintained or kept on file by any public body, whether or not those records are required by any law or by any rule or regulation, shall be public records and every person or entity shall have the right to inspect and/or copy those records at such reasonable time as may be determined by the custodian thereof.[2] | ” |
Rhode Island is among 42 states that do not require individuals requesting public records to be state residents.
Fees
- See also: How much do public records cost?
Rhode Island law allows the charging of fees for the cost of duplication as well as the cost of the labor involved in searching for the records. According to Rhode Island General Laws Section 38-2-4:[3]
| “ | (a) Subject to the provisions of § 38-2-3, a public body must allow copies to be made or provide copies of public records. The cost per copied page of written documents provided to the public shall not exceed fifteen cents ($.15) per page for documents copyable on common business or legal size paper. A public body may not charge more than the reasonable actual cost for providing electronic records or retrieving records from storage where the public body is assessed a retrieval fee.
(b) A reasonable charge may be made for the search or retrieval of documents. Hourly costs for a search and retrieval shall not exceed fifteen dollars ($15.00) per hour and no costs shall be charged for the first hour of a search or retrieval. For the purposes of this subsection, multiple requests from any person or entity to the same public body within a thirty (30) day time period shall be considered one request. (c) Copies of documents shall be provided and the search and retrieval of documents accomplished within a reasonable time after a request. A public body upon request, shall provide an estimate of the costs of a request for documents prior to providing copies. (d) Upon request, the public body shall provide a detailed itemization of the costs charged for search and retrieval. (e) A court may reduce or waive the fees for costs charged for search or retrieval if it determines that the information requested is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.[2] |
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Response time
- See also: Request response times by state
Rhode Island law allows ten days for agencies to return public records requests. If additional time is needed, the public agency may request an additional twenty business days to fulfill the public records request. According to Rhode Island General Laws Section 38-2-3(e):[1]
| “ | A public body receiving a request shall permit the inspection or copying within ten (10) business days after receiving a request. If the inspection or copying is not permitted within ten (10) business days, the public body shall forthwith explain in writing the need for additional time to comply with the request. Any such explanation must be particularized to the specific request made. In such cases the public body may have up to an additional twenty (20) business days to comply with the request if it can demonstrate that the voluminous nature of the request, the number of requests for records pending, or the difficulty in searching for and retrieving or copying the requested records, is such that additional time is necessary to avoid imposing an undue burden on the public body.[2] | ” |
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
Rhode Island law exempts certain types of records from public access. According to Rhode Island General Laws Section 38-2-2(4):[4]
| “ | For the purposes of this chapter, the following records shall not be deemed public:
(b) Personnel and other personal individually identifiable records otherwise deemed confidential by federal or state law or regulation, or the disclosure of which would constitute a clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, however, with respect to employees, and employees of contractors and subcontractors working on public works projects that are required to be listed as certified payrolls, the name, gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other remuneration in addition to salary, job title, job description, dates of employment and positions held with the state, municipality, or public works contractor or subcontractor on public works projects, employment contract, work location, and/or project, business telephone number, the city or town of residence, and date of termination shall be public. For the purposes of this section "remuneration" shall include any payments received by an employee as a result of termination, or otherwise leaving employment, including, but not limited to, payments for accrued sick and/or vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. (II) Notwithstanding the provisions of this section, or any other provision of the general laws to the contrary, the pension records of all persons who are either current or retired members of any public retirement systems, as well as all persons who become members of those retirement systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this section, shall include all records containing information concerning pension and retirement benefits of current and retired members of the retirement systems and future members of said systems, including all records concerning retirement credits purchased and the ability of any member of the retirement system to purchase retirement credits, but excluding all information regarding the medical condition of any person and all information identifying the member's designated beneficiary or beneficiaries unless and until the member's designated beneficiary or beneficiaries have received or are receiving pension and/or retirement benefits through the retirement system. (B) Trade secrets and commercial or financial information obtained from a person, firm, or corporation that is of a privileged or confidential nature. (C) Child custody and adoption records, records of illegitimate births, and records of juvenile proceedings before the family court. (D) All records maintained by law enforcement agencies for criminal law enforcement and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency. Provided, however, such records shall not be deemed public only to the extent that the disclosure of the records or information (a) Could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign agency or authority, or any private institution that furnished information on a confidential basis, or the information furnished by a confidential source; (e) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or (f) Could reasonably be expected to endanger the life or physical safety of any individual. Records relating to management and direction of a law enforcement agency and records or reports reflecting the initial arrest of an adult and the charge or charges brought against an adult shall be public. (E) Any records that would not be available by law or rule of court to an opposing party in litigation. (F) Scientific and technological secrets and the security plans of military and law enforcement agencies, the disclosure of which would endanger the public welfare and security. (G) Any records that disclose the identity of the contributor of a bona fide and lawful charitable contribution to the public body whenever public anonymity has been requested of the public body with respect to the contribution by the contributor. (H) Reports and statements of strategy or negotiation involving labor negotiations or collective bargaining. (I) Reports and statements of strategy or negotiation with respect to the investment or borrowing of public funds, until such time as those transactions are entered into. (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant to chapter 46 of title 42. (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work products, including those involving research at state institutions of higher education on commercial, scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, however, any documents submitted at a public meeting of a public body shall be deemed public. (L) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment or promotion, or academic examinations; provided, however, that a person shall have the right to review the results of his or her examination. (M) Correspondence of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities. (N) The contents of real estate appraisals, engineering, or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned; provided the law of eminent domain shall not be affected by this provision. (O) All tax returns. (P) All investigatory records of public bodies, with the exception of law enforcement agencies, pertaining to possible violations of statute, rule, or regulation other than records of final actions taken, provided that all records prior to formal notification of violations or noncompliance shall not be deemed to be public. (Q) Records of individual test scores on professional certification and licensing examinations; provided, however, that a person shall have the right to review the results of his or her examination. (R) Requests for advisory opinions until such time as the public body issues its opinion. (S) Records, reports, opinions, information, and statements required to be kept confidential by federal law or regulation or state law or rule of court. (T) Judicial bodies are included in the definition only in respect to their administrative function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt from the operation of this chapter. (U) Library records that, by themselves or when examined with other public records, would reveal the identity of the library user requesting, checking out, or using any library materials. (V) Printouts from TELE – TEXT devices used by people who are deaf or hard of hearing or speech impaired. (W) All records received by the insurance division of the department of business regulation from other states, either directly or through the National Association of Insurance Commissioners, if those records are accorded confidential treatment in that state. Nothing contained in this title or any other provision of law shall prevent or be construed as prohibiting the commissioner of insurance from disclosing otherwise confidential information to the insurance department of this or any other state or country, at any time, so long as the agency or office receiving the records agrees in writing to hold it confidential in a manner consistent with the laws of this state. (X) Credit card account numbers in the possession of state or local government are confidential and shall not be deemed public records. (Y) Any documentary material, answers to written interrogatories, or oral testimony provided under any subpoena issued under Rhode Island general law § 9-1.1-6. (Z) Any individually identifiable evaluations of public school employees made pursuant to state or federal law or regulation. (AA) All documents prepared by school districts intended to be used by school districts in protecting the safety of their students from potential and actual threats. (BB) The list of teachers terminated for good and just cause maintained by the department of education pursuant to § 16-13-9.[2] |
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Rhode Island Legislature, "Chapter 38-2: Access to Public Records," accessed May 19, 2025 (Sec. 38-2-3)
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Rhode Island Legislature, "Chapter 38-2: Access to Public Records," accessed May 19, 2025 (Sec. 38-2-4)
- ↑ Rhode Island Legislature, "Chapter 38-2: Access to Public Records," accessed May 19, 2025 (Sec. 38-2-2)
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