Michigan House Bill HB5423

Michigan 2023-2024 Regular Session

• Introduced: 2/7/24
• Refer: 2/7/24

Caption

Civil rights: public records; certain FOIA provisions relating to the exemption of certain public records from disclosure; modify. Amends secs. 13 & 14 of 1976 PA 442 (MCL 15.243 & 15.244). TIE BAR WITH: HB 5427'24, HB 5426'24, HB 5422'24, HB 5425'24, HB 5424'24

Impact

The proposed amendments could have significant implications for the accessibility of public records in Michigan. By allowing public bodies to assert specific exemptions, the bill could potentially limit public access to certain information that was previously available, especially concerning law enforcement and personal privacy. As such, this could alter how records are requested and disclosed, impacting journalists, researchers, and citizens seeking information about government operations.

Summary

House Bill 5423 seeks to amend the Michigan Freedom of Information Act by modifying provisions that govern the exemption of certain public records from disclosure. Specifically, the bill outlines circumstances under which a public body may exempt records from being disclosed as public records, emphasizing the protection of personal information and sensitive data related to law enforcement. The bill aims to balance public interests in transparency with the needs of confidentiality in various contexts, including ongoing investigations and personal privacy considerations.

Contention

Discussion around HB 5423 may center on the appropriate balance between the public's right to know and the necessity of protecting sensitive information. Critics might argue that increasing the scope for exemptions could lead to government entities withholding information that should be public, thus reducing transparency. Proponents may assert that the changes are essential for privacy protection, particularly for individuals involved in legal disputes or law enforcement matters, highlighting the need to safeguard certain records to prevent unwarranted invasions of privacy.