Freedom of Information (FOIA) and Related Laws 

The Federal Freedom of Information Act, or FOIA, is a law that gives the public the right to ask for and get records from federal government agencies. Its main goal is to make sure citizens are well-informed so they can check for corruption and hold the government and its leaders accountable. The law applies to any person, not just U.S. citizens.   

You don't need a special form to make a request, but you must write to the specific agency you believe has the records you want. The request should clearly describe the records so the agency can find them without too much trouble.   

While FOIA encourages government openness, it also protects certain types of information. There are nine exemptions and three exclusions that allow agencies to keep some records secret. These are for things like national security secrets, private personal information, and records from law enforcement investigations. The law says that agencies should only withhold information if they can reasonably show that releasing it would cause harm.   

FOIA has been used to uncover important information. For example, it helped reveal that the U.S. Federal Reserve had more than 50 cybersecurity breaches  and that a government report showed a product labeled as "Grated Parmesan Cheese" contained no parmesan cheese at all. If an agency denies a request, the person can appeal the decision or seek mediation to resolve the issue.

For more information on the federal FOIA, please see this page. 

The State of Michigan has its own version of a Freedom of Information Act, which is a law that gives people the right to get public records from government agencies. The law is meant to help people learn about what the government is doing so they can be part of the democratic process. It's a bit like the federal FOIA, but it only applies to government bodies within Michigan.   

What you can ask for:

You can ask for "public records," which is a very broad term. It includes emails, papers, and even files on a computer that are used by a public body to do its official job. A "public body" is also defined broadly and includes most state and local government offices, like city councils and school districts. However, there is a special exception for the governor and lieutenant governor, and their offices are not subject to the law. In addition, people in state or local prisons are not allowed to make FOIA requests.   

How to make a request:

You need to send a written request to the public body's FOIA coordinator, either by mail, email, or fax. You must describe the records you want clearly enough so the agency can find them. The public body has 5 business days to respond, though they can extend that time by another 10 business days if needed.   

What about fees?

Agencies can charge a fee for the request, but the fee is limited to the actual costs of things like making copies and the time it takes for the lowest-paid employee to find and prepare the documents. If the cost is estimated to be over $50, they might ask you for a deposit. The law also says that the first $20 of the fee must be waived for people who are receiving public assistance or cannot afford to pay.   

Can they deny my request?

Yes, but only for specific reasons laid out in the law. There are many exemptions that allow an agency to withhold information, such as records that would be a "clearly unwarranted invasion of an individual's privacy," certain law enforcement records, or information protected by attorney-client privilege.   

What if they don't follow the law?

If an agency denies your request or charges too much, you can appeal their decision to the head of the public body or take them to court. If a court finds that the agency wrongfully denied your request, they can order the agency to release the records and pay for your legal fees and damages. This has led to many lawsuits against public bodies for ignoring requests, improperly hiding information, or charging illegal fees.

For more information on the Michigan FOIA, please see this page.