Michigan Supreme Court Holds Home Addresses and Phone Numbers of Public Employees Exempt From Disclosure Under Freedom of Information Statute

Michigan Federation of Teachers v. University of Michigan, ___N.W.2d___ (Mich. July 16, 2008), is an important decision to be aware of. The Supreme Court of Michigan held that state university employees' home addresses and home telephone numbers were exempt from disclosure under Michigan's Freedom of Information statute. The Court held that this information was within the privacy exemption of the statute. In so holding, the Court determined that the information was of a personal nature and that its disclosure would have constituted a clearly unwarrented invasion of personal privacy.

The decision, which is well written, generated an important dissent. The majority and the dissent parted ways with respect to unlisted telephone numbers and addresses. The dissent would only find those employees who had unlisted telephone numbers and addresses to be within the privacy exemption to disclosure.

This case is important even outside the state of Michigan. This is because every state and the federal government have Freedom of Information statutes. In such cases, it is not unusual for a court in one state to cite to a decision from another state.   

Mitchell H. Rubinstein