Sec. 2.
As used in this act:
(a) "Cybersecurity assessment" means an investigation undertaken by a person,
governmental body, or other entity to identify vulnerabilities in cybersecurity plans.
(b) "Cybersecurity incident" includes, but is not limited to, a computer network intrusion or
attempted intrusion; a breach of primary computer network controls; unauthorized access to
programs, data, or information contained in a computer system; or actions by a third party that
materially affect component performance or, because of impact to component systems, prevent
normal computer system activities.
(c) "Cybersecurity plan" includes, but is not limited to, information about a person's
information systems, network security, encryption, network mapping, access control,
passwords, authentication practices, computer hardware or software, or response to
cybersecurity incidents.
(d) "Cybersecurity vulnerability" means a deficiency within computer hardware or software,
or within a computer network or information system, that could be exploited by unauthorized
parties for use against an individual computer user or a computer network or information
system.
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(e) "Field name" means the label or identification of an element of a computer database that
contains a specific item of information, and includes but is not limited to a subject heading
such as a column header, data dictionary, or record layout.
(f) "FOIA coordinator" means either of the following:
(i) An individual who is a public body.
(ii) An individual designated by a public body in accordance with section 6 to accept and
process requests for public records under this act.
(g) "Person" means an individual, corporation, limited liability company, partnership, firm,
organization, association, governmental entity, or other legal entity. Person does not include an
individual serving a sentence of imprisonment in a state or county correctional facility in this
state or any other state, or in a federal correctional facility.
(h) "Public body" means any of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission,
council, authority, or other body in the executive branch of the state government, but does not
include the governor or lieutenant governor, the executive office of the governor or lieutenant
governor, or employees thereof.
(ii) An agency, board, commission, or council in the legislative branch of the state
government.
(iii) A county, city, township, village, intercounty, intercity, or regional governing body,
council, school district, special district, or municipal corporation, or a board, department,
commission, council, or agency thereof.
(iv) Any other body that is created by state or local authority or is primarily funded by or
through state or local authority, except that the judiciary, including the office of the county
clerk and its employees when acting in the capacity of clerk to the circuit court, is not included
in the definition of public body.
(i) "Public record" means a writing prepared, owned, used, in the possession of, or retained
by a public body in the performance of an official function, from the time it is created. Public
record does not include computer software. This act separates public records into the
following 2 classes:
(i) Those that are exempt from disclosure under section 13.
(ii) All public records that are not exempt from disclosure under section 13 and that are
subject to disclosure under this act.
(j) "Software" means a set of statements or instructions that when incorporated in a machine
usable medium is capable of causing a machine or device having information processing
capabilities to indicate, perform, or achieve a particular function, task, or result. Software does
not include computer-stored information or data, or a field name if disclosure of that field
name does not violate a software license.
(k) "Unusual circumstances" means any 1 or a combination of the following, but only to the
extent necessary for the proper processing of a request:
(i) The need to search for, collect, or appropriately examine or review a voluminous amount
of separate and distinct public records pursuant to a single request.
(ii) The need to collect the requested public records from numerous field offices, facilities,
or other establishments which are located apart from the particular office receiving or
processing the request.
(l) "Writing" means handwriting, typewriting, printing, photostating, photographing,
photocopying, and every other means of recording, and includes letters, words, pictures,
sounds, or symbols, or combinations thereof, and papers, maps, magnetic or paper tapes,
photographic films or prints, microfilm, microfiche, magnetic or punched cards, discs, drums,
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hard drives, solid state storage components, or other means of recording or retaining
meaningful content.
(m) "Written request" means a writing that asks for information, and includes a writing
transmitted by facsimile, electronic mail, or other electronic means.§ 15.232Definitions
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.