The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

JENNIFER M. GRANHOLM, ATTORNEY GENERAL

 

FREEDOM OF INFORMATION ACT:

 

Public body's authority to limit requester's access to public records based on purpose of request

Under the Freedom of Information Act, a public body may not impose a more restrictive schedule for access to its public records for certain persons than it does for the public generally, based solely upon the purpose for which the records are sought.

 

Opinion No. 7095

December 6, 2001

Honorable Gretchen Whitmer
State Representative
The Capitol
Lansing, MI 48913

You have asked if, under the Freedom of Information Act, a public body may impose a more restrictive schedule for access to its public records by certain persons than it does for the public generally, based solely upon the purpose for which the records are sought.

Information supplied with your request indicates that some county clerk offices require that persons seeking to inspect public records first identify their purpose for doing so. If the requester identifies the purpose as being genealogical research, the clerk's office imposes a more restrictive schedule for access to the records than it does for other requesters. These county clerk offices have not restricted access to public records for purposes other than genealogical research.

The Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq, entitles a person to inspect, copy, or receive copies of certain public records of public bodies. The purpose and scope of the FOIA are delineated in the public policy statement set forth in section 1(2).

[A]ll persons . . . are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees . . . so that they may fully participate in the democratic process.

Section 3(1) of the FOIA imposes a duty upon the public body receiving a written request to inspect a particular record described sufficiently to enable the public body to locate the document requested in order to make it available for inspection. The FOIA is a pro-disclosure statute requiring access to all public records not specifically exempted by section 13 of the FOIA. Swickard v Wayne County Medical Examiner, 438 Mich 536, 544; 475 NW2d 304 (1991).

The FOIA contains no provision requiring the requester to disclose why inspection of a public record is sought. Kestenbaum v Michigan State University, 414 Mich 510, 527, 542; 327 NW2d 783 (1982); State Employees Ass'n v Dep't of Management and Budget, 428 Mich 104, 121; 404 NW2d 606 (1987). The initial or future uses of the information contained in the records to be inspected are irrelevant to the request to inspect the public record. CTU-MSU v Michigan State Univ Bd of Trustees, 190 Mich App 300, 303; 475 NW2d 373 (1991). Accordingly, a public body may not require a person to disclose his or her purpose for inspecting the records as a condition to obtaining access to the records. It follows that a public body may not restrict access to its records based solely on the requester's purpose for inspecting the records.

It is my opinion, therefore, that under the Freedom of Information Act, a public body may not impose a more restrictive schedule for access to its public records for certain persons than it does for the public generally, based solely upon the purpose for which the records are sought.

JENNIFER M. GRANHOLM
Attorney General