Freedom Of Information Act: Personal Email Accounts And Other Issues

There are three recent FOIA decisions of interest to Michigan municipalities. In Competitive Enterprise Institute v OSTP, the DC Circuit held that work-related emails on a government official's private email server are public records under the federal FOIA statute. The court rejected the government's argument that the FOIA only requires disclosure of documents that the government directly controls, finding that such an argument would undermine the purpose of the FOIA. While this case is not binding on Michigan courts, it might influence decisions under the Michigan statute. Government employees and officials should be aware that their work-related emails could be subject to disclosure even if sent on private servers.