Michigan lawmakers approve ban on use of apps that skirt FOIA requests

The Michigan state House voted on Tuesday to prohibit state employees from using messaging apps or other software on work-issued electronic devices that would skirt Freedom of Information Act (FOIA) requests, The Associated Press reported.

The state House approved the proposed bill in a 104-0 vote, with five members excused from voting.

Republican state Rep. Steve Johnson, the bill’s sponsor, said the legislation stemmed from Michigan State Police officers’ use of an app that deletes outgoing messages. The GOP lawmaker said such apps hinder FOIA requests, according to the AP.

The state’s Senate passed the bill on Nov. 2. It now goes to Gov. Gretchen Whitmer’s (D) desk for approval.

The Detroit Free Press reported earlier this year that some state police officers had used the app Signal, and department officials required those with “non-standard communications” apps to delete them by mid-February.

The push to ban the use of such devices by state employees comes after a Center of Public Integrity investigation in 2015 found that Michigan ranked the worst on transparency and accountability in its government. 

The AP noted that the Wolverine State is among a few that has FOIA request exemptions for its governor and legislature. 

During his testimony to the Senate Oversight Committee on the bill in September, Johnson said even though his bill can’t ban FOIA-avoiding apps on lawmaker work devices, he hoped the legislature would soon be subjected to FOIA. 

The Hill has reached out to Whitmer’s office for comment.