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Michigan Freedom of Information Act (FOIA) and the
Confidential Research Information Act (CRIA)
Under the Michigan Freedom of Information Act (FOIA), a public record prepared, used, owned, possessed or retained by the University must be made available for inspection and/or copying upon presentation of a written request, unless that record is determined to be exempt from disclosure under the provisions of the 1976 Act.
The Confidential Research Information Act (CRIA) was enacted in 1994 to specifically protect confidential research, intellectual property, and trade secret records maintained by a public university in Michigan. Under the Freedom of Information Act, CRIA may be cited as an exemption for such records.
Under CRIA, trade secrets, commercial information and financial information provided to the University by a private external source may be withheld from disclosure if all of the following conditions are met:
- The information is used exclusively for research, testing, evaluation, and related activities;
- The information is designated as confidential by the external source before or at the time it is received;
- The University has entered into an authorized agreement to keep the information confidential;
- A document containing a general description of the information to be received under the confidentiality agreement, the term of the agreement, the name of the external entity with whom the agreement was made, and a general description of the nature of the intended use for the information, is recorded by the University within 20 regular working days after it is received. This document must be maintained in a central place and made available upon request.
Information developed by employees of the University also may be exempt from disclosure under CRIA. The following exemptions apply:
- Intellectual property created by a person employed by or under contract to the University until a reasonable opportunity is provided for the information to be published*;
- Original works of authorship created by a person employed by or under contract to the University until a reasonable opportunity is provided for the author to secure copyright registration*;
- Records regarding a patentable invention until a reasonable opportunity is provided for the inventor to secure patent protection*;
- Trade secrets or other proprietary information that is determined to have potential commercial value, if a general description of the nature of the information and the University's interest is made available upon request.
*Note that CRIA includes time limitations for exemptions for these records.
The CRIA doesnot exempt from disclosure information that is otherwise publicly available or that is submitted as required by law or as a condition of receiving a government contract, license, or other benefit.
It does not exempt information that indicates that the use of a product or process is likey to be dangerous to humans.
Information related to a product or process that is protected by patent, copyright, or trademark and that is being sold or marketed directly by the University to the general public also is not protected under CRIA.
The decision whether material should be withheld under FOIA and CRIA is made by the UniversityÕs Chief FOIA Officer, if necessary after consultation with other appropriate offices including the General Counsel's Office. The FOIA Officer has the authority, delegated by the President, to deny a FOIA request.
If you receive a written request for University records, please forward it to the FOIA Office immediately, as there is a specified time period in which the University must respond.
To contact the University's Chief FOIA Officer and for more information about FOIA and CRIA, see the UM FOIA website: http://www.umich.edu/~urel/foia.html
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