Michigan FOIA Knowledge Center
Michigan FOIA Exemptions Explained
FOIA begins from disclosure, then permits or requires withholding in defined circumstances. An exemption should be applied to particular information—not used as a label for an entire file when nonexempt material can be separated.
Privacy and law enforcement
The privacy exemption concerns information of a personal nature whose disclosure would constitute a clearly unwarranted invasion of privacy. Investigating records compiled for law-enforcement purposes may be withheld only to the extent disclosure would cause one of the harms listed in the statute, such as interference with proceedings, unfair-trial risk, source identification, or endangerment.
Privilege and advisory communications
Attorney-client privileged material may be exempt. Advisory communications preliminary to a final policy or action require a particular balancing showing and do not automatically cover purely factual material.
Security, personnel, and other statutes
The Act contains targeted protections for security measures, cybersecurity information, certain law-enforcement personnel records, and information made confidential by another statute. The public body should identify the applicable legal basis and connect it to the withheld information.
Particularized justification
Michigan appellate decisions emphasize that exemptions are narrowly construed and that a public body should provide a complete, particularized justification rather than merely repeat statutory language.
Read the explanation, not just the citation
An exemption citation alone rarely tells the requester enough. The useful questions are what category of information was withheld, why disclosure would cause the harm addressed by the exemption, and whether nonexempt material was separated and produced. Those questions help distinguish a genuine exemption issue from a blanket approach.
Some disputes turn on context. Privacy, law-enforcement, and advisory-material exemptions often require more than identifying the subject matter of a record. When the explanation is unclear, ask the public body to connect the asserted exemption to the particular redaction or withheld record.
Requester checklist
- Exact statutory subsection
- Record-specific explanation
- Claimed harm
- Segregable material
- Redaction description
- Other-statute citation
Primary sources
External authorities control. Confirm the current statute, decision, policy, and local procedures before relying on them.