Freedom of Information Act and Privacy
January 13, 2012 By Fahey Schultz Burzych Rhodes PLC
Most township officials are aware of the importance of complying with the Freedom of Information Act (FOIA). Like a number of other areas of law, compliance with such a statute has become increasingly complex as a result of shifting interpretations by the courts. Learn more about the cases that have had an effect on the interpretation of the act in recent years.
Because of the importance of complying with things such as the Freedom of Information Act (FOIA), most township officials are aware of the need to take it into account when it comes to the disclosure of public records. However, ever-shifting interpretations of the act in the eyes of the courts have resulted in it being increasingly difficult as well as complex to be in compliance with the statute. Over the past year, many developments have come about that have an effect on the Freedom of Information Act as it relates to township officials in Michigan. This article will provide a summary of the most significant of these developments for your convenience.
Upon request, public records are required to be disclosed unless those records satisfy one of the express exemptions under the Freedom of Information Act. The “privacy” exemption is one such exemption allowed by the FOIA. Information that is considered to be “of a personal nature” meaning that its disclosure would “constitute a clearly unwarranted invasion of an individual’s privacy” would qualify for nondisclosure under the “privacy” exemption.
This relates to recent news in that it was seen in a case involving the disclosure of political party preferences of individual voters as stated in the presidential primary. The courts were able to determine that such political party preferences are not subject to the “privacy” exemption for two reasons. First, an individual voter’s political party preference is not personal information. And second, the public interest in the disclosure of a voter’s political party preference outweighs any privacy interest that might be claimed. This decision was made in Practical Political Consulting v Land.
To ensure that township officials are compliant with the demands of the Freedom of Information Act, it is imperative that a township attorney is involved. The Freedom of Information Act took effect over thirty years ago, and there are many practicing municipal lawyers today that have been aiding townships in complying with the statute and its issues for decades. You need a lawyer willing to work with your township officials to develop FOIA procedures that adhere to each of the applicable legal obligations. It is important to seek out the best when dealing with FOIA compliance in your Michigan township.
ABOUT THE AUTHOR: FOIA Attorneys at FSBR Lawyers
The dedicated Lansing, Michigan township attorneys at Fahey Schultz Burzych Rhodes PLC, a municipal law firm, have been helping townships comply with the Freedom of Information Act for over 30 years.
Copyright Fahey Schultz Burzych Rhodes PLC
More information about Fahey Schultz Burzych Rhodes PLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Upon request, public records are required to be disclosed unless those records satisfy one of the express exemptions under the Freedom of Information Act. The “privacy” exemption is one such exemption allowed by the FOIA. Information that is considered to be “of a personal nature” meaning that its disclosure would “constitute a clearly unwarranted invasion of an individual’s privacy” would qualify for nondisclosure under the “privacy” exemption.
This relates to recent news in that it was seen in a case involving the disclosure of political party preferences of individual voters as stated in the presidential primary. The courts were able to determine that such political party preferences are not subject to the “privacy” exemption for two reasons. First, an individual voter’s political party preference is not personal information. And second, the public interest in the disclosure of a voter’s political party preference outweighs any privacy interest that might be claimed. This decision was made in Practical Political Consulting v Land.
To ensure that township officials are compliant with the demands of the Freedom of Information Act, it is imperative that a township attorney is involved. The Freedom of Information Act took effect over thirty years ago, and there are many practicing municipal lawyers today that have been aiding townships in complying with the statute and its issues for decades. You need a lawyer willing to work with your township officials to develop FOIA procedures that adhere to each of the applicable legal obligations. It is important to seek out the best when dealing with FOIA compliance in your Michigan township.
ABOUT THE AUTHOR: FOIA Attorneys at FSBR Lawyers
The dedicated Lansing, Michigan township attorneys at Fahey Schultz Burzych Rhodes PLC, a municipal law firm, have been helping townships comply with the Freedom of Information Act for over 30 years.
Copyright Fahey Schultz Burzych Rhodes PLC
More information about Fahey Schultz Burzych Rhodes PLC
View all articles published by Fahey Schultz Burzych Rhodes PLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
