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Exemption to the Freedom of Information Act

On March 29, 2002 the Governor approved Act No. 130 of Public Acts of 2002, with an effective date of May 1, 2002. This act amended the Michigan Freedom of Information Act (FOIA) Act 442 of 1976, (15.2 MCL), by providing protection from disclosure information for information relating to critical infrastructure protection. The new exemption, Section 13(1)(y), states:

"Records or information of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543 to 750.543z, emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance."

The section containing the new exemption is MCL 15.243 Exemptions from disclosure; withholding of information required by law or in possession of executive office,