Information Release Without Consent In Michigan
Description
Form popularity
FAQ
Seek judicial review under Section 10 of the FOIA; Notice of the right to receive attorneys' fees and damages provided in Section 10 if, after judicial review, the circuit court determines that the public body has not complied with Section 5 and orders disclosure of all or a portion of a public record.
The Michigan Freedom of Information Act, enacted in 1977, is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Michigan.
Any person other than incarcerated felons may request public records in Michigan. A person who asks for access to public records is not required to justify his or her request. A person can use the information any way they please. The Michigan Freedom of Information Act allows 5 days for any response to record requests.
The Judiciary, including the District, Circuit Court and Probate Courts and the office of the County Clerk when acting in the capacity of Clerk for the Circuit Court, are not considered public bodies and therefore are not subject to FOIA. See MCL 15.232(h)(iv).
Requests to inspect or obtain copies of public records prepared, owned, used, possessed or retained by the City must be submitted in writing. A request must sufficiently describe a public record so as to enable the City to find it. No specific form to submit a written FOIA request is required.
Laws Ann. §15.231 et seq. Exempt: Information deemed private; trade secrets; advisory communications with government agencies; attorney-client communications; medical counseling and psychological facts or appraisals; records of campaign committees; and some law enforcement records.
Michigan is a one-party consent state for recording verbal conversations. As long as the person recording (“recorder”) is also a participant to the conversation, the recorder may record the conversation with “apparent impunity.” You may not employ a third-party to record a conversation.
Sec. 748. (1) Information in the record of a recipient, and other information acquired in the course of providing mental health services to a recipient, shall be kept confidential and is not open to public inspection.
The Marchman Act is similar, in that it allows for an individual to be involuntarily committed, but rather for substance abuse. The Marchman Act can be enacted when an individual no longer has control over their addiction, thereby being a danger to themselves and others.
The Mental Health Code is the compilation of Michigan laws governing the delivery of mental health services.
