Michigan Laws 780.861 – Request for disclosure of confidential information for legitimate governmental purpose; notice of request to program participant
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Terms Used In Michigan Laws 780.861
- Confidential address: means the address of a program participant's residence, as specified on an application to be a program participant or on a notice of change of information as provided under section 5 that is classified confidential by the department of the attorney general. See Michigan Laws 780.853
- Designated address: means the mailing address at which the department of technology, management, and budget receives mail to forward to program participants. See Michigan Laws 780.853
- Law enforcement agency: means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 780.853
- Local unit of government: means a city, village, township, or county in this state. See Michigan Laws 780.853
- Minor: means an individual under the age of 18 who is not emancipated under 1968 PA 293, MCL 722. See Michigan Laws 780.853
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Program: means the address confidentiality program created under this act. See Michigan Laws 780.853
- Program participant: means an individual who is certified by the department of the attorney general as a program participant under section 5. See Michigan Laws 780.853
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Ward: means that term as defined in section 1108 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 780.853
(1) A department of this state, a law enforcement agency, or a local unit of government may request the department of the attorney general to provide the confidential address, telephone number, and electronic mail address of a program participant if the requesting department of this state, a law enforcement agency, or a local unit of government requires access to the confidential address, telephone number, or electronic mail address of the program participant for a legitimate governmental purpose. A request may only be submitted under this subsection if the department of this state, the law enforcement agency, or the local unit of government was unsuccessful in contacting the program participant using the designated address. Upon receiving a request under this subsection, the department of the attorney general shall confirm whether an individual, minor, or ward is a program participant but may not disclose further information except as provided under subsections (3) and (4).
(2) Upon the filing of a request under this section and if the program participant is not identified in the request as a suspect in a criminal investigation, the department of the attorney general shall promptly provide the program participant with notice of the request.
(3) Subject to subsection (4), the department of the attorney general may grant the request submitted under subsection (1) if the department of the attorney general determines that disclosure of the confidential address, telephone number, or electronic mail address of the program participant to the requesting department of this state, law enforcement agency, or local unit of government is necessary for a legitimate governmental purpose.
(4) If a request submitted under subsection (1) is for the confidential address, telephone number, or electronic mail address of a minor, the department of the attorney general must consider if disclosure of the information requested is harmful to the program participant.
(5) Except as otherwise provided under section 21(2), a person who receives a confidential address, telephone number, or electronic mail address of a program participant under this section shall not disclose that information to another person.