The Michigan Freedom of Information Act (FOIA) declares that it is the state’s policy to give all persons full information about the actions of the government and that "the people shall be informed so that they may participate in the democratic process", subject to FOIA's privacy exemption. The privacy exemption: the privacy exemption consists of two elements, both of which must be present for the exemption to apply. First, the information must be of a “personal nature.” Second, the disclosure of such information must be a “clearly unwarranted invasion of privacy.” Courts have determined that information is of a personal nature if it reveals intimate or embarrassing details of an individual's private life. The union of clerical workers at Michigan State University requested the trustees of the University to give them the names and addresses of the persons making monetary donations to the University. Michigan State objected because the disclosure of addresses was a violation of the right of privacy.
What will the Michigan Supreme Court decide in this case? Apply the IRAC method of legal reasoning by stating the Issue, Rule, Analysis, and Conclusion. There are no wrong conclusions (if your conclusion is supported by analysis).
Full Answer Section
Analysis: The names and addresses of the persons making monetary donations to the University are personal information. The disclosure of this information could be used to harass or intimidate donors, or to pressure them to donate more money. Therefore, the disclosure of this information would be a clearly unwarranted invasion of privacy.
Conclusion: The Michigan Supreme Court is likely to uphold the FOIA in this case and deny the union's request for the names and addresses of the donors. The Court will likely find that the privacy exemption applies and that the disclosure of the donors' names and addresses would be a clearly unwarranted invasion of privacy.
Here are some additional points that the Court may consider in its decision:
- The purpose of the FOIA is to give the public access to information about the actions of the government. However, the Court has held that the FOIA is not absolute and that the privacy exemption can be applied to protect personal information.
- The donors' names and addresses are not essential to the public's understanding of the University's finances. The union could obtain the same information by requesting a list of donors without their addresses.
- The donors have a reasonable expectation of privacy in their names and addresses. They did not voluntarily disclose this information to the public, and they may have concerns about their safety or privacy if their names and addresses are disclosed.
Based on these factors, the Michigan Supreme Court is likely to find that the privacy exemption applies and that the disclosure of the donors' names and addresses would be a clearly unwarranted invasion of privacy.
Sample Answer
Issue: Whether the Michigan Supreme Court will uphold the Michigan Freedom of Information Act (FOIA) in the case of the union of clerical workers at Michigan State University requesting the trustees of the University to give them the names and addresses of the persons making monetary donations to the University.
Rule: The privacy exemption of the FOIA applies if the information is of a “personal nature” and the disclosure of such information is a “clearly unwarranted invasion of privacy.” Courts have determined that information is of a personal nature if it reveals intimate or embarrassing details of an individual's private life.