privacy rights

The purpose of the Right-to-Know Law (RSA 91-A) is to provide transparency in government and ensure the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people. Under RSA 91-A the public has broad access to governmental records created, accepted or obtained by a public body or agency. However, while the purpose of the Right-to-Know law is to allow the public access to information and records kept by government agencies, that doesn’t mean this access comes without its limitations.

By Julia Freeman-Woolpert

For Carol Holmes of Derry, the first time she voted independently was a thrill. She lost her sight at age 13 and had always voted with the help of someone else. When the State of New Hampshire adopted technology to mark and cast a ballot using a phone and fax system, making voting accessible for those with vision or print disabilities, Holmes finally had her chance.

By C. Christine Fillmore, Esq.

By Richard Dwyer

Most Member Groups of New Hampshire Local Government Center (LGC) HealthTrust are familiar with federal legislation known as the Health Insurance Portability and Accountability Act of 1996 (HIPAA). While this law is best known for its privacy provisions regarding Protected Health Information (PHI), subsequent regulation enhancements by the Centers for Medicare and Medicaid Services (CMS) have addressed electronic storage of PHI.

Community access television stations are increasingly common across New Hampshire. Most stations broadcast meetings of municipal boards and committees as well as news and events of local interest. These stations serve an important purpose by helping to engage people in local government and increase awareness of local issues, but they are not without risk. Every community that operates or is considering operating a community access television station should take some time to consult with local counsel about the many legal issues that are involved.

Most municipal officials are aware that New Hampshire’s Right to Know Law (RSA Chapter 91-A) requires them to make public records available for inspection and copying upon reasonable request. On the surface, the requirement is simple, as is the concept that all public records must be disclosed unless they are listed as exempt from disclosure. However, in practice, this requirement can be very problematic.