STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5797

October 14, 1980

FREEDOM OF INFORMATION:

Duty to Law Enforcement Information Network Policy Council relative to records of LEIN system.

Since the Law Enforcement Information Network Policy Council does not receive and maintain records in the LEIN system, it does not possess copies of records and as a result has no material to furnish persons seeking such records under the Freedom of Information Act.

Sheriff Kenneth Preadmore

Chairman

LEIN Policy Council

714 South Harrison Road

East Lansing, Michigan 48823

As Chairman of the Law Enforcement Information Network (LEIN) Policy Council, you have requested my opinion on the following question:

The LEIN system has been described as a 'computerized filing system.' Walkowski v Macomb County Sheriff, 64 Mich App 460, 462; 236 NW2d 516, 518 (1975). It contains records of such matters as outstanding warrants, missing person reports, reports on wanted or stolen vehicles, criminal histories, and driving and motor vehicle registration records. The records entered into the system are supplied by various sources, including both state and local police agencies and the Department of State. These agencies retain the original record; what is entered into the LEIN computer system is a computer coded summary of each report. The LEIN computer system does not, of course, contain the original or even a copy of the actual document. Under applicable federal law, access to the LEIN system is restricted for the most part to law enforcement officials. See the Omnibus Crime Control and Safe Streets Act of 1968, 90 Stat 197, (1968); 42 USC 3701 et seq, as amended by the Justice Systems Improvement Act of 1979, Sec. 818, 93 Stat 1213 (1979), 42 USC 3789g, see also 28 CFR, Sec. 20.1 et seq.

The actual storage of the coded records is accomplished through the use of two separate computers. Driving and motor vehicle registration records are stored in a computer maintained by the Department of State; all other records stored in the system are in a computer maintained by the Department of State Police. The two storage computers are linked so that records contained in either computer are accessible from any of the LEIN system terminals located around the State. As to the LEIN system maintained by the Department of State Police, the Court of Appeals noted in Walkowski v Macomb County Sheriff, supra, that the Director of that department exercises discretionary control over the operation of the system.

The LEIN Policy Council was created by the LEIN Policy Council Act, 1974 PA 163; MCLA 28.211 et seq; MSA 4.448(51) et seq, Sec. 2, and consists of representatives of various state and local agencies engaged in law enforcement activities. The duties of the Council are set forth in 1974 PA 163, supra, as follows:

The Council, in carrying out these functions, does not receive or maintain the actual records in the system; it merely regulates the manner in which the system is to be used, and by whom.

It is my opinion, therefore, that since the Law Enforcement Information Network Policy Council does not receive and maintain records in the LEIN system, it does not possess copies of records and as a result has no material to furnish persons seeking such records under the Freedom of Information Act.

Frank J. Kelley