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Exempting Cybersecurity Plans from FOIA

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Exempting Cybersecurity Plans from FOIA

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The Michigan House of Representatives recently approved a bill that would amend the state’s Freedom of Information Act (FOIA) to prevent public disclosure of organization’s cybersecurity assessments, cybersecurity plans, cybersecurity incidents and cybersecurity vulnerabilities. Protecting this type of information from public disclosure could help prevent cyberattacks on the organizations involved.

If passed, the Bill would add any such information provided to governmental regulators to the list of exemptions from FOIA, as “records of information of measures designed to protect . . . the confidentiality, integrity, or availability of information systems.” Notably, information submitted as required by law or as a condition to receiving a governmental contract, license or other benefit would still be available under FOIA.

The bill has yet to be introduced or considered in the State Senate. Access House Bill 4973 (2017) here. Contact us at Ossian Law P. C. contact link regarding any information technology law matter.

 

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