LANSING, Mich. — Michigan Secretary of State Jocelyn Benson's office said Friday it will no longer release to media the driving records of "victims of violence," including a 26-year-old Black man shot by a Grand Rapids police officer during a traffic stop April 4.
The announcement broke with the office's past practice and prompted concerns about whether public access to government information was being restricted. The Michigan Press Association has "grave concerns about the way this is worded," said Lisa McGraw, the group's public affairs manager.
"The best interest of the public at this point is to have the most transparency possible, and that would include the records being discussed here," McGraw said.
In a statement Friday, the Michigan Department of State said it had released 26-year-old Patrick Lyoya's records to three media outlets. But the government agency argued the information was "irrelevant" and was used in a way "that wrongly suggests he is culpable for being shot in the back of the head."
It was not immediately clear how the department would discern who qualifies as a victim or how the directive complied with Michigan open records policies.
Michigan's Freedom of Information Act says all persons "are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees."
The law provides an exemption for information that constitutes "an unwarranted invasion of personal privacy." But many details of a driving record are available through courts and other government agencies.
In addition, the department sells specific driver and vehicle data in bulk to commercial customers, government agencies and individuals, according to its website.
Benson's website lists news reporting as a permissible purpose for purchasing lists of records from driver and vehicle files. The website notes the information can be requested "for use by a news medium in the preparation and dissemination of a report related in part or in whole to the operation of a motor vehicle or public safety."
The Department of State on Friday declined an informal Detroit News email request for Lyoya’s driving record by replying with a copy of Benson’s statement. The News also submitted a Freedom of Information Act request Friday for Lyoya’s driving record and vehicle registration information; the agency has five days to respond.
Tracy Wimmer, spokeswoman for the Department of State, said open records requests would be handled individually.
As of Friday afternoon, Benson's website still had detailed instructions regarding how someone could request the "driving and vehicle records belonging to another person" or the requester's own records online, by mail or at a branch office. There were also instructions on how to read a driving or vehicle record.
In the Friday statement, the department also said it was reviewing and revising its policies related to requests for personal information from third parties.
"As we have stated previously, current Michigan law is very broad, and we believe state legislators should strengthen the law to demonstrate that they value the privacy of Michiganders over corporate profits. In the absence of legislative action, we will continue our own review," the statement said.
Any request for revisions to the policy would go to the GOP-led Legislature, which has frequently clashed with the Democratic secretary of state.
In its statement Friday, the department also condemned Lyoya's killing.
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