FREEDOM OF INFORMATION ACT ( MICHIGAN)
QUESTION 18. - FOIA
WHAT INFORMATION CAN I OBTAIN UNDER THE FREEDOM OF INFORMATION ACT?
The Freedom of Information Act entitles you to review, inspect and receive copies of documents in the possession of a public body, unless the public body chooses to assert an exemption. January 6, 1996
QUESTION 19. - FOIA
WHAT CONSTITUTES A PUBLIC DOCUMENT UNDER FOIA?
Any piece of paper, any computer file, any tape, any photograph, in short any use of letter, symbols, impressions, images, in the possession of a public body from the moment of its creation is a "document" to which you are entitled to see, inspect and copy. January 6, 1996
QUESTION 20. - FOIA
CAN I GET A COPY OF INFORMATION KEPT ON A COMPUTER OF A PUBLIC BODY?
Yes. The definition of the kinds of "writings" which you may obtain from a public body includes "handwriting, typewriting, printing, photostating, photographing, photocopying and every other means of recording..." In Attorney General Opinion No. 6820, 1994, the Attorney General noted that the broad definitions of FOIA would include computerized information. However, there are two limitations. The FOIA request must be made to the public body which has the computer on which the data is kept. For example, the Michigan State Police have a database called STATIS. It is a compilation of law enforcement data from many law enforcement agencies around the state. Most local law enforcement has access to STATIS through a modem. The local law enforcement agency is not considered to have possession of the data kept in STATIS merely because the local agency can access STATIS over the telephone lines. Information from STATIS can be obtained by requesting it directly from the State Police. Of course, information from a particular local law enforcement agency can be obtained directly from that agency even though the information also exists in STATIS. In other words you must make the request of the public body who controls or has possession of the database.
QUESTION 21. - FOIA
CAN I OBTAIN NOTES PREPARED BY A PUBLIC OFFICIAL AT A MEETING UNDER FOIA?
Probably not. FOIA allows access to documents of public bodies. A public body includes an agency, board, commission, or council in the legislative branch of the state, a county, city, township, village, regional governing bodies, school districts and agencies thereof and any other body which is created by state or local authority or which is primarily funded by or through state or local authority. An individual member of a board such as a school board member or a council person is not a "public body." Therefore the notes of that individual member of a public body cannot be discovered under FOIA.
However, state officers and employees are public bodies. This would include such offices as the State Treasurer. However, the governor the lieutenant governor and the executive office of the governor are excluded. So notes of the Treasurer or the Secretary of State are accessible under FOIA, but not those of the governor.
QUESTION 22. - FOIA
CAN I OBTAIN COPIES OF WRITTEN CORRESPONDENCE BETWEEN PUBLIC OFFICIALS?
Maybe. If a copy of the correspondence is given to the public body, i.e. the Clerk or the Secretary, it becomes a public document, i.e. a writing in the possession of a public body. But if the correspondence is strictly between and among the members of the public body and there is no copy given to the public body or its representative, then the document probably does not become a public document which must be available under FOIA.
However, even if the document is in the possession of a public body the public body is permitted (not required) to withhold the document under Section 13n but only to the extent that the notes reflect other than factual material. In addition, the public body must determine whether the public interest in non-disclosure outweighs the public interest in disclosure.