U-M defends employee confidentiality in court

U-M continues to defend a lawsuit that may affect whether it will be able to maintain the confidentiality of addresses and telephone numbers of employees who request not to have their home contact information published in the faculty and staff directory.

Oral arguments were heard March 5 in the University’s appeal to the Michigan Supreme Court in the lawsuit brought in 2004 by the Michigan Federation of Teachers. The suit challenges the University’s position that employee information is protected by the Freedom of Information Act (FOIA).

The University argues that employee home addresses and telephone numbers are not public records and that this information is not subject to disclosure because FOIA contains an exemption for information of a personal nature.

About 58 percent of regular (non-temporary) faculty and staff have designated their contact information as private and not to be published in the directory.

In February the Michigan Press Association filed an amicus brief in support of the MFT’s position. Previously, amicus briefs supporting the U-M position had been filed by 10 other universities in the state, the Office of the Attorney General of Michigan and Wayne County.

The case originally was heard by Washtenaw County Circuit Court Judge Timothy Connors, who granted the University’s motion for summary judgment in October 2004. The MFT appealed to the Michigan Court of Appeals, which reversed the lower court’s decision in March 2007 and sent the case back to the Circuit Court. The University filed its appeal of that decision to the Michigan Supreme Court in May 2007.

A decision by the Michigan Supreme Court is expected this summer.

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