Michigan Compiled Laws

Mich. Comp. Laws § 15.232 (2026)

Definitions.

✓ current as of July 2026
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FREEDOM OF INFORMATION ACT


Act 442 of 1976


15.232 Definitions.

Sec. 2.

    As used in this act:

    (a) "Cybersecurity assessment" means an investigation undertaken by a person, governmental body, or other entity to identify vulnerabilities in cybersecurity plans.

    (b) "Cybersecurity incident" includes, but is not limited to, a computer network intrusion or attempted intrusion; a breach of primary computer network controls; unauthorized access to programs, data, or information contained in a computer system; or actions by a third party that materially affect component performance or, because of impact to component systems, prevent normal computer system activities.

    (c) "Cybersecurity plan" includes, but is not limited to, information about a person's information systems, network security, encryption, network mapping, access control, passwords, authentication practices, computer hardware or software, or response to cybersecurity incidents.

    (d) "Cybersecurity vulnerability" means a deficiency within computer hardware or software, or within a computer network or information system, that could be exploited by unauthorized parties for use against an individual computer user or a computer network or information system.

    (e) "Field name" means the label or identification of an element of a computer database that contains a specific item of information, and includes but is not limited to a subject heading such as a column header, data dictionary, or record layout.

    (f) "FOIA coordinator" means either of the following:

    (i) An individual who is a public body.

    (ii) An individual designated by a public body in accordance with section 6 to accept and process requests for public records under this act.

    (g) "Person" means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity. Person does not include an individual serving a sentence of imprisonment in a state or county correctional facility in this state or any other state, or in a federal correctional facility.

    (h) "Public body" means any of the following:

    (i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of the state government, but does not include the governor or lieutenant governor, the executive office of the governor or lieutenant governor, or employees thereof.

    (ii) An agency, board, commission, or council in the legislative branch of the state government.

    (iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.

    (iv) Any other body that is created by state or local authority or is primarily funded by or through state or local authority, except that the judiciary, including the office of the county clerk and its employees when acting in the capacity of clerk to the circuit court, is not included in the definition of public body.

    (i) "Public record" means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created. Public record does not include computer software. This act separates public records into the following 2 classes:

    (i) Those that are exempt from disclosure under section 13.

    (ii) All public records that are not exempt from disclosure under section 13 and that are subject to disclosure under this act.

    (j) "Software" means a set of statements or instructions that when incorporated in a machine usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result. Software does not include computer-stored information or data, or a field name if disclosure of that field name does not violate a software license.

    (k) "Unusual circumstances" means any 1 or a combination of the following, but only to the extent necessary for the proper processing of a request:

    (i) The need to search for, collect, or appropriately examine or review a voluminous amount of separate and distinct public records pursuant to a single request.

    (ii) The need to collect the requested public records from numerous field offices, facilities, or other establishments which are located apart from the particular office receiving or processing the request.

    (l) "Writing" means handwriting, typewriting, printing, photostating, photographing, photocopying, and every other means of recording, and includes letters, words, pictures, sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes, photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums, hard drives, solid state storage components, or other means of recording or retaining meaningful content.

    (m) "Written request" means a writing that asks for information, and includes a writing transmitted by facsimile, electronic mail, or other electronic means.

History: 1976, Act 442, Eff. Apr. 13, 1977 ;-- Am. 1994, Act 131, Imd. Eff. May 19, 1994 ;-- Am. 1996, Act 553, Eff. Mar. 31, 1997 ;-- Am. 2018, Act 68, Eff. June 17, 2018

PopularName Notes:

Act 442

PopularName Notes:

FOIA
Notes of Decisions
Cited in 112 cases (20 in the last 5 years), 1979–2026 · leading case: Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016).
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016). · cites it 50× “(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.”
Breighner v. Michigan High Sch. Athletic Ass'n, 662 N.W.2d 413 (Mich. Ct. App. 2003). · cites it 40× “MCL 15.232(d). The first test is whether the MHSAA was "created by state or local authority.”
Breighner v. Mich. High Sch. Athletic Ass'n, Inc., 683 N.W.2d 639 (Mich. 2004). · cites it 24× “(MHSAA), a private, nonprofit entity that organizes and supervises interscholastic athletic events for its voluntary members, is a "public body" as that term is defined at MCL 15.232(d) of the Freedom of Information Act (FOIA), MCL 15.”
Bradley v. Saranac Cmty. Schs. Bd. of Educ., 565 N.W.2d 650 (Mich. 1997). · cites it 10× “" MCL 15.232(b)(iii); MSA 4.1801(b)(iii). [13] "Public record" means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.”
Rataj v. City of Romulus, 858 N.W.2d 116 (Mich. Ct. App. 2014). · cites it 6× “232(e) defines “[p]ublic record” as “a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.” In turn, MCL 15.232(h) defines “[w]riting” as “handwriting, typewriting, printing,…”
Walen v. Dep't of Corr., 505 N.W.2d 519 (Mich. 1993). · cites it 8× “1801(13); § 13a, MCL 15.243a; MSA 4.1801(13a); § 14, MCL 15.”
Kestenbaum v. Michigan State Univ., 327 N.W.2d 783 (Mich. 1982). · cites it 7× “However, unofficial private writings belonging solely to an individual should not be subject to public disclosure merely because that individual is a state employee.”
City of Warren v. City of Detroit, 680 N.W.2d 57 (Mich. Ct. App. 2004). · cites it 7× “[MCL 15.232(e), (f).] Whether a formula used to generate rates is “software” is an issue of first impression in our state.”
Detroit News, Inc. v. Policemen & Firemen Ret. Sys. of City of Detroit, 651 N.W.2d 127 (Mich. Ct. App. 2002). · cites it 7× “MCL 15.232(d)(i7 ). In support of this argument, defendants maintain that the retirement system does not perform a governmental function and that public officials do not control the retirement system’s activities.”
Amberg v. City of Dearborn, 859 N.W.2d 674 (Mich. 2014). · cites it 5× “” MCL 15.232(e). “Writing,” in turn, is defined broadly to include any “means of recording,” including “pictures” and “sounds .”
Flagg ex rel. Bond v. City of Detroit, 252 F.R.D. 346 (E.D. Mich. 2008). · cites it 4× “” Mich. Comp. Laws § 15.233 (3). There is no question that the Defendant City is a “public body” under the FOIA, see Mich.”
Michigan Fed'n of Teachers & Sch. Related Pers. v. Univ. of Michigan, 753 N.W.2d 28 (Mich. 2008). · cites it 4× “[13] MCL 15.232(d). [14] MCL 15.233. [15] MCL 15.”
— Mich. Comp. Laws § 15.232(2)(c) — 1 case
Favors v. Dep't of Corr., 480 N.W.2d 604 (Mich. Ct. App. 1991).
— Mich. Comp. Laws § 15.232(C) — 1 case
Milford v. Gilb, 384 N.W.2d 786 (Mich. Ct. App. 1985).
— Mich. Comp. Laws § 15.232(a) — 7 cases
Walen v. Dep't of Corr., 505 N.W.2d 519 (Mich. 1993). “1801(13); § 13a, MCL 15.243a; MSA 4.1801(13a); § 14, MCL 15.”
Evening News Ass'n v. City of Troy, 339 N.W.2d 421 (Mich. 1983).
Seaton v. Wayne Cnty. Prosecutor, 590 N.W.2d 598 (Mich. Ct. App. 1999).
Mithrandir v. Dep't of Corr., 416 N.W.2d 352 (Mich. Ct. App. 1987).
— Mich. Comp. Laws § 15.232(b) — 8 cases
Walen v. Dep't of Corr., 505 N.W.2d 519 (Mich. 1993). “1801(13); § 13a, MCL 15.243a; MSA 4.1801(13a); § 14, MCL 15.”
Kubick v. Child & Fam. Servs. of Michigan, Inc., 429 N.W.2d 881 (Mich. Ct. App. 1988).
Favors v. Dep't of Corr., 480 N.W.2d 604 (Mich. Ct. App. 1991).
— Mich. Comp. Laws § 15.232(b)(i) — 5 cases
House Speaker v. Governor, 506 N.W.2d 190 (Mich. 1993).
Evening News Ass'n v. City of Troy, 339 N.W.2d 421 (Mich. 1983).
Hagen v. Dep't of Educ., 427 N.W.2d 879 (Mich. 1988).
Kestenbaum v. Michigan State Univ., 327 N.W.2d 783 (Mich. 1982). “However, unofficial private writings belonging solely to an individual should not be subject to public disclosure merely because that individual is a state employee.”
— Mich. Comp. Laws § 15.232(b)(iii) — 5 cases
Bradley v. Saranac Cmty. Schs. Bd. of Educ., 565 N.W.2d 650 (Mich. 1997). “" MCL 15.232(b)(iii); MSA 4.1801(b)(iii). [13] "Public record" means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.”
Swickard v. Wayne Cnty. Med. Exam'r, 475 N.W.2d 304 (Mich. 1991).
Hoffman v. Bay City Sch. Dist., 357 N.W.2d 686 (Mich. Ct. App. 1984).
Milford v. Gilb, 384 N.W.2d 786 (Mich. Ct. App. 1985).
Booth Newspapers, Inc v. Kent Cnty. Treasurer, 438 N.W.2d 317 (Mich. Ct. App. 1989).
— Mich. Comp. Laws § 15.232(b)(iv) — 5 cases
Kestenbaum v. Michigan State Univ., 327 N.W.2d 783 (Mich. 1982). “However, unofficial private writings belonging solely to an individual should not be subject to public disclosure merely because that individual is a state employee.”
Queen v. West Virginia Univ. Hospitals, Inc., 365 S.E.2d 375 (W. Va. 1987).
Kubick v. Child & Fam. Servs. of Michigan, Inc., 429 N.W.2d 881 (Mich. Ct. App. 1988).
Sclafani v. Dom. Violence Escape, 660 N.W.2d 97 (Mich. Ct. App. 2003).
— Mich. Comp. Laws § 15.232(b)(v) — 4 cases
Hagen v. Dep't of Educ., 427 N.W.2d 879 (Mich. 1988).
In Re Midland Publ'g Co., 362 N.W.2d 580 (Mich. 1985).
Thomas v. State Bd. of Law Examiners, 533 N.W.2d 3 (Mich. Ct. App. 1995).
Seaton v. Wayne Cnty. Prosecutor, 570 N.W.2d 125 (Mich. Ct. App. 1997).
— Mich. Comp. Laws § 15.232(c) — 21 cases
Bradley v. Saranac Cmty. Schs. Bd. of Educ., 565 N.W.2d 650 (Mich. 1997). “" MCL 15.232(b)(iii); MSA 4.1801(b)(iii). [13] "Public record" means a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.”
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016). “(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.”
Kestenbaum v. Michigan State Univ., 327 N.W.2d 783 (Mich. 1982). “However, unofficial private writings belonging solely to an individual should not be subject to public disclosure merely because that individual is a state employee.”
Swickard v. Wayne Cnty. Med. Exam'r, 475 N.W.2d 304 (Mich. 1991).
Evening News Ass'n v. City of Troy, 339 N.W.2d 421 (Mich. 1983).
— Mich. Comp. Laws § 15.232(d) — 19 cases
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016). “(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.”
Detroit News, Inc. v. Policemen & Firemen Ret. Sys. of City of Detroit, 651 N.W.2d 127 (Mich. Ct. App. 2002). “MCL 15.232(d)(i7 ). In support of this argument, defendants maintain that the retirement system does not perform a governmental function and that public officials do not control the retirement system’s activities.”
Herald Co. v. E. Michigan Univ. Bd. of Regents, 719 N.W.2d 19 (Mich. 2006).
Breighner v. Mich. High Sch. Athletic Ass'n, Inc., 683 N.W.2d 639 (Mich. 2004). “(MHSAA), a private, nonprofit entity that organizes and supervises interscholastic athletic events for its voluntary members, is a "public body" as that term is defined at MCL 15.232(d) of the Freedom of Information Act (FOIA), MCL 15.”
Breighner v. Michigan High Sch. Athletic Ass'n, 662 N.W.2d 413 (Mich. Ct. App. 2003). “MCL 15.232(d). The first test is whether the MHSAA was "created by state or local authority.”
— Mich. Comp. Laws § 15.232(d)(1) — 1 case
Herald Co. v. E. Michigan Univ. Bd. of Regents, 693 N.W.2d 850 (Mich. Ct. App. 2005).
— Mich. Comp. Laws § 15.232(d)(i) — 5 cases
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016). “(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.”
Herald Co. v. E. Michigan Univ. Bd. of Regents, 693 N.W.2d 850 (Mich. Ct. App. 2005).
Marc Edwards v. Oakland Twp. (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 15.232(d)(iii) — 8 cases
Breighner v. Mich. High Sch. Athletic Ass'n, Inc., 683 N.W.2d 639 (Mich. 2004). “(MHSAA), a private, nonprofit entity that organizes and supervises interscholastic athletic events for its voluntary members, is a "public body" as that term is defined at MCL 15.232(d) of the Freedom of Information Act (FOIA), MCL 15.”
Breighner v. Michigan High Sch. Athletic Ass'n, 662 N.W.2d 413 (Mich. Ct. App. 2003). “MCL 15.232(d). The first test is whether the MHSAA was "created by state or local authority.”
Lash v. City of Traverse City, 735 N.W.2d 628 (Mich. 2007).
Lewandowski v. Nuclear Mgmt. Co., LLC, 724 N.W.2d 718 (Mich. Ct. App. 2006).
Howell Educ. Ass'n v. Howell Bd. of Educ., 287 Mich. App. 228 (Mich. Ct. App. 2010).
— Mich. Comp. Laws § 15.232(d)(io) — 1 case
— Mich. Comp. Laws § 15.232(d)(iu) — 2 cases
Detroit News, Inc. v. Policemen & Firemen Ret. Sys. of City of Detroit, 651 N.W.2d 127 (Mich. Ct. App. 2002). “MCL 15.232(d)(i7 ). In support of this argument, defendants maintain that the retirement system does not perform a governmental function and that public officials do not control the retirement system’s activities.”
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016). “(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.”
— Mich. Comp. Laws § 15.232(d)(iv) — 7 cases
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016). “(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.”
Breighner v. Michigan High Sch. Athletic Ass'n, 662 N.W.2d 413 (Mich. Ct. App. 2003). “MCL 15.232(d). The first test is whether the MHSAA was "created by state or local authority.”
Breighner v. Mich. High Sch. Athletic Ass'n, Inc., 683 N.W.2d 639 (Mich. 2004). “(MHSAA), a private, nonprofit entity that organizes and supervises interscholastic athletic events for its voluntary members, is a "public body" as that term is defined at MCL 15.232(d) of the Freedom of Information Act (FOIA), MCL 15.”
Sclafani v. Dom. Violence Escape, 660 N.W.2d 97 (Mich. Ct. App. 2003).
— Mich. Comp. Laws § 15.232(d)(v) — 1 case
— Mich. Comp. Laws § 15.232(d)(w) — 1 case
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016). “(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.”
— Mich. Comp. Laws § 15.232(e) — 29 cases
Rataj v. City of Romulus, 858 N.W.2d 116 (Mich. Ct. App. 2014). “232(e) defines “[p]ublic record” as “a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.” In turn, MCL 15.232(h) defines “[w]riting” as “handwriting, typewriting, printing,…”
Amberg v. City of Dearborn, 859 N.W.2d 674 (Mich. 2014). “” MCL 15.232(e). “Writing,” in turn, is defined broadly to include any “means of recording,” including “pictures” and “sounds .”
Howell Educ. Ass'n v. Howell Bd. of Educ., 287 Mich. App. 228 (Mich. Ct. App. 2010).
Michigan Fed'n of Teachers & Sch. Related Pers. v. Univ. of Michigan, 753 N.W.2d 28 (Mich. 2008). “[13] MCL 15.232(d). [14] MCL 15.233. [15] MCL 15.”
— Mich. Comp. Laws § 15.232(e)(i) — 5 cases
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n, 894 N.W.2d 758 (Mich. Ct. App. 2016). “(iii) A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.”
Grebner v. State, 744 N.W.2d 203 (Mich. Ct. App. 2008).
— Mich. Comp. Laws § 15.232(f) — 1 case
City of Warren v. City of Detroit, 680 N.W.2d 57 (Mich. Ct. App. 2004). “[MCL 15.232(e), (f).] Whether a formula used to generate rates is “software” is an issue of first impression in our state.”
— Mich. Comp. Laws § 15.232(g) — 1 case
Patricia Lesko v. Supreme Felons Inc (Mich. Ct. App. 2026).
— Mich. Comp. Laws § 15.232(h) — 12 cases
Rataj v. City of Romulus, 858 N.W.2d 116 (Mich. Ct. App. 2014). “232(e) defines “[p]ublic record” as “a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.” In turn, MCL 15.232(h) defines “[w]riting” as “handwriting, typewriting, printing,…”
Hopkins v. Duncan Twp., 812 N.W.2d 27 (Mich. Ct. App. 2011).
Amberg v. City of Dearborn, 859 N.W.2d 674 (Mich. 2014). “” MCL 15.232(e). “Writing,” in turn, is defined broadly to include any “means of recording,” including “pictures” and “sounds .”
Kitchen v. Ferndale City Council, 654 N.W.2d 918 (Mich. Ct. App. 2002).
— Mich. Comp. Laws § 15.232(h)(i) — 5 cases
20251118_C373717_35_373717.Opn.Pdf (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 15.232(h)(ii) — 1 case
— Mich. Comp. Laws § 15.232(h)(iii) — 5 cases
Jane Doe v. Unnamed Sch. Dist. (Mich. Ct. App. 2019).
Progress Michigan v. Monica Palmer (Mich. Ct. App. 2022).
Romeo v. Lammers (E.D. Mich. 2025).
— Mich. Comp. Laws § 15.232(h)(iv) — 4 cases
Jill Creech Bauer v. Jessica Hammon (Mich. Ct. App. 2019).
Progress Michigan v. Monica Palmer (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 15.232(i) — 14 cases
Hassan M Ahmad v. Univ. of Michigan (Mich. Ct. App. 2019).
Progress Michigan v. Monica Palmer (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 15.232(i)(i) — 3 cases
Progress Michigan v. Monica Palmer (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 15.232(i)(ii) — 1 case
— Mich. Comp. Laws § 15.232(l) — 3 cases
Robert Davis v. City of Detroit (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 15.232(m) — 3 cases
Robert Davis v. Sec'y of State (Mich. Ct. App. 2023).
Robert Davis v. City of Detroit (Mich. Ct. App. 2020).
20250121_C370623_42_370623.Opn.Pdf (Mich. Ct. App. 2025).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.