Legal Corner
Freedom of Information (FOIA)
You hear the term Freedom of Information but rarely is it explained. The Freedom of Information Act ("FOIA") is a series of laws passed by Congress about 40 years ago. (Michigan has its own version which is very similar). The purpose of the Act is to allow people access to government information. Most of the information requested is obtained by reporters, researchers or students to find government data and statistics. It is also used by individuals to find out information about themselves, such as how much a worker contributed to Social Security.
The information can be obtained by filling out a FOIA request. As long as the form is properly filled out you can usually obtain this information.
Each governmental agency has its own policies and procedures for making a specific request. By way of example, the Social Security Administration has its own method. According to its website located at http://www.ssa.gov:
We process FOIA requests in two locations, depending on the type of request. Mark both the envelope and its contents: "FREEDOM OF INFORMATION REQUEST" or "INFORMATION REQUEST." Be sure to include your name and address on your request. It is a good idea to include a daytime phone number or e-mail address in case we need to contact you about your request. Do not include a return envelope.
The best thing to do is to contact the government agency and ask for a Freedom Of Information Request Form or check the website www.usdoj.gov for a list of agencies a reference guide and the cost, if any. Contact the state agency for the information requested or www.michigan.gov.
There are times, however, when the governmental agency can properly refuse to disclose information. Examples of cases in which a request would be refused is if the disclosure would: interfere with a criminal investigation; there is an unwarranted invasion of privacy; or the government has a legitimate reason for withholding the information. As it true with most things, if you don't ask for the information, you won't receive it.