11. Mug shots.

A booking photograph or “mugshot” of a county jail inmate is a public record under FOIA.  Disclosure of these photographs cannot be withheld on the basis of the privacy exemption.  Patterson v. Allegheny County Sheriff, 199 Mich. App. 638, 502 N.W. 2d 368 (1993).  Booking photographs are not entitled to exemption from disclosure under FOIA where individuals involved have been arrested, charged in open court and awaiting trial for bank robbery; in such cases, the booking photograph reveals no information that would constitute an unwarranted invasion of privacy.  Detroit Free Press, Inc v. Oakland County Sheriff, 164 Mich. App. 656, 418 N.W. 2d 124 (1987).  The photograph of a convicted individual contained in the file arrest must, upon request, be disclosed.  Op. Atty. Gen. November 14, 1979 Op. 5593.  If the release of a photograph would constitute an unwarranted invasion of privacy, a public body may refuse to permit a person access to the photograph.  Id.