Michigan Freedom of Information Act

You have rights under Michigan law to access public records

Public Act 442 (FOIA) created an explicit statutory right for individuals to access governmental records.

The Michigan Freedom of Information Act (FOIA) is a state law designed to ensure transparency and accountability in government by granting the public the right to access government records. It allows "all persons," with limited exceptions, to request to inspect or receive copies of public records held by state and local government agencies. These records encompass a broad range of documents, giving citizens insight into how public bodies operate. To initiate a request, individuals typically must submit a written request that describes the desired records with sufficient detail. Public bodies are permitted to charge fees to cover the costs associated with processing these requests.

While the FOIA promotes access to information, certain records are exempt from disclosure, including those related to ongoing criminal investigation or covering personal. However, these exemptions are often abused or mispplied by governments. Public bodies are also required to respond to FOIA requests within specified timeframes and provide explanations for any denials. Ultimately, the FOIA aims to empower citizens by providing them with access to information concerning government affairs and the actions of public officials and employees.

Michigan's FOIA statute applies to:

  • most state agencies and departments
  • county and other local governments
  • school boards
  • many public boards, commissions, and councils
  • public colleges and universities

Unfortuantely, many governmental bodies and officials flout or even ignore your right to access public records. Some wrongly limit inspection sessions or charge inappropriate copying fees. Others will claim a full document exemption when only a small part requires being 'blacked-out' by the lowest paid public body employee capable of retrieving the information necessary to comply with a request.

Read more about FOIA at the Michigan Freedom of Information Project, which we are proud to sponsor.

Take Legal Action to Receive Access to Public Records

When officials and public employees refuse to provide access or copies, or charges excessive fees, Michigan law provides the ability to bring a lawsuit to enforce your rights. In many circumstances, attorney's fees and litigation costs must be paid by the agency wrongfully denying a valid request. A FOIA attorney from Outside Legal Counsel can provide additional insight and help with fulfilling your lawful request.

Protect Your Rights

If you are having issues accessing needed or requested public records, contact a FOIA attorney at Outside Legal Counsel today.