|Submitted||Nov. 9, 2021|
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To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
1) Data documenting the number of times the MI Covid Alert exposure app was downloaded from the date the app was launched until the present. The department has publicly disclosed the existence of his data to multiple media outlets and during public press conferences (see: https://www.uppermichiganssource.com/2020/12/17/mi-covid-alert-app-hits-nearly-half-a-million-downloads-in-first-month/). I ask that this data be provided in the smallest timeframes available—i.e., downloads per day are preferred; if not available, then downloads per week; if not available, then downloads per month.
2) Data documenting the number of exposure codes issued by the MI Covid Alert exposure app from the date the app was launched until the present. The Department has publicly disclosed the existence of his data to multiple media outlets and during public press conferences (see: https://www.uppermichiganssource.com/2020/12/17/mi-covid-alert-app-hits-nearly-half-a-million-downloads-in-first-month/). I ask that this data be provided in the smallest timeframes available—i.e., downloads per day are preferred; if not available, then downloads per week; if not available, then downloads per month.
3) Aggregate analytics statistics from the Exposure Notifications Express (ENX) system—from the date the department began using the system until the present—for each of the metrics provided by the ENX system (see list below). Where possible, I ask that this data be provided in the smallest timeframes available—i.e., exposure notifications per day are preferred; if not available, then exposure notifications per week; if not available, then exposure notifications per month. For further explanations of the ENX metrics, please see: https://github.com/google/exposure-notifications-android/blob/master/doc/enexpress-analytics-faq.md.
ENX analytics metrics:
- "The number of exposure notifications sent in a public health authority’s region"
- "The number of user interactions (e.g., taps, dismissals) with exposure notifications in the region"
- "Histograms of the risk scores computed for users of the Exposure Notifications System in the region"
- "The number of exposure notifications sent in the past 14 days when verification codes are used in the region"
- "The number of exposure notifications sent in the past 14 days when temporary exposure keys are shared in the region"
- "Histograms of the number of days between having an exposure and receiving a notification"
Please note that the department and other participants in the MI Covid Alert program and Exposure Notifications Express program have certified that the data and aggregate analytics available through these systems are privacy preserving and cannot be used to re-identify individuals.
I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest. In the event you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employee involved and an explanation justifying the employee hours required to fulfill the request.
Should you choose to reject this request or redact portions of it, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portions from public review.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
RE: Public Records Request, Reference # H013591-110921.
Dear Mr. Feathers,
This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on November 09, 2021, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq. Your request is denied.
To the best of the Department’s knowledge, information, and belief, this Department does not possess or maintain records under the description you provided or by other names reasonably known to the Department.
As to the denial, the Department is obligated to inform you that under MCL 15.240 §10 the following remedies are available:
1. Appeal this decision in writing to the Legal Affairs Administration of the Department of Health and Human Services, PO Box 30195, Lansing, MI 48909. The writing must specifically state the word “appeal” and must identify the reason or reasons you believe the denial should be reversed. The Department must respond to your appeal within ten days of receipt. Under unusual circumstances, the time for response to your appeal may be extended by ten business days.
2. File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, disbursements, and possible damages.
The Department’s FOIA policies and procedures are available at Policies and Procedures.
Bureau of Legal Affairs
Could you please explain how the department does not have responsive records? I included links to articles in my request in which the department is quoted as providing this exact information.
To Whom It May Concern:
I wanted to follow up on the following Michigan Freedom of Information Act request, copied below, and originally submitted on Nov. 9, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #H013591-110921.
Thanks for your help, and let me know if further clarification is needed.
The Department responded to your request on November 15, 2021 that it did not have records responsive to your request in its possession. Sincerely,
Bureau of Legal Affairs
There are no files associated with this request.