Editor's Note

The FOI Advocate is a compendium of ideas, edited story excerpts and other materials from a variety of Web sites, as well as original concepts and analysis. When the information comes directly from another source, it will be attributed and a link will be provided whenever possible. The blog relies on the accuracy and integrity of the original sources cited. We will correct errors and inaccuracies when we become aware of them.

Saturday, January 30, 2010

Michigan Court of Appeals Asks Legislature to Update the State's FOIA

In a "friendly" lawsuit set up to determine whether emails from teacher union leaders are public records if they are contained in a school district's computer system, the Michigan Court of Appeals said no, they are not.

The Court also asked the Legislature to clarify and update the state's 33-year old Freedom of Information Act to address electronic records. Judges Mark J. Cavanagh, E. Thomas Fitzgerald and Douglas B. Shapiro wrote that the case presented a "difficult question requiring that we apply a statute, whose purpose is to render government transparent, to a technology that did not exist in reality (or even in many people's imaginations) at the time."

Read more about the decision here.

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