Michigan House Bill HB4220

Michigan 2023-2024 Regular Session

• Introduced: 3/8/23
• Refer: 3/8/23

Caption

Civil rights: public records; definition of public record subject to the freedom of information act; modify. Amends sec. 2 of 1976 PA 442 (MCL 15.232).

Impact

The amendments provided in HB 4220 will have significant implications for how public bodies handle requests for information under FOIA. By defining cybersecurity-related terms, the bill establishes protocols that public bodies must follow regarding the disclosure of potentially sensitive information. This change not only aims to enhance the security of public records but also to prevent the unauthorized release of information that could compromise cybersecurity protocols. As a result, the bill is positioned to strengthen the security framework around public data while still balancing the public's right to access information.

Summary

House Bill 4220 seeks to amend the Freedom of Information Act (FOIA) of Michigan, specifically targeting the definitions and classifications of public records in relation to cybersecurity issues. This proposed amendment introduces terms such as 'cybersecurity assessment', 'cybersecurity incident', and 'cybersecurity vulnerability', which emphasize the importance of safeguarding sensitive information from unauthorized access and threats. The bill reflects an evolving understanding of information security and its intersection with public access laws, aiming to more clearly delineate what constitutes a public record under current cybersecurity standards.

Contention

There are notable points of contention surrounding HB 4220, primarily related to the balance between public transparency and cybersecurity. Proponents argue that the bill is necessary to protect sensitive information from malicious attacks and to keep government operations secure. On the other hand, critics express concern that the broad definitions may lead to excessive restrictions on public access to information, potentially allowing public bodies to deny access under the pretext of cybersecurity. This tension between enhanced protection and government transparency will likely be a focal point of discussion as the bill moves forward.