7(1)(d-5)

FOIA

Shared-system law-enforcement records the responding agency didn't create

Read the full statute text on /statutes →

Jump to the 3 issues decided under this provision, with a drafting brief ↓

0 upheld (no violation found) · 1 rejected (violation found), out of 1 documents.

Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.

How the Public Access Counselor has treated 7(1)(d-5)

At a glance: 1 document(0 binding opinions, 1 determination letter). Most often cited alongside: 7(1)(a) (Confidential under other federal or State law) (1); 7(1)(d)(v) (Would disclose unique investigative techniques) (1).

All 1 document citing 7(1)(d-5)

An email about an incident log
Determination letter · Violation found
Cook County Sheriff's Office
Improperly withheld records

Issues decided under 7(1)(d-5)

Individual questions the Public Access Bureau decided under this provision, with the rule it applied, grouped by outcome. Extracted automatically from the letters; check each source letter.

3 issues across 2 determination letters:2 violation found · 1 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-7-1-d-5.json.

TOPIC: 5 ILCS 140/7(1)(d-5) - Shared-system law-enforcement records the responding agency didn't create
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/exemptions/7-1-d-5/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

VIOLATION FOUND (2):
- Section 7(1)(d-5) shared electronic record exemption
  Rule: The exemption does not apply because the Sheriff's Office created the record, participated in the events, and did not show sole access through a shared system.
  Decision: An email about an incident log (non-binding determination letter, September 28, 2023) https://illinoisfoia.org/opinions/letter-70185/
- Section 7(1)(d-5) withholding of Accurint financial information
  Rule: Information not obtained from a shared electronic law enforcement database is not exempt under section 7(1)(d-5).
  Decision: An applicant's background check and polygraph records (non-binding determination letter, May 15, 2024) https://illinoisfoia.org/opinions/letter-69962/

NO VIOLATION (1):
- Section 7(1)(d-5) withholding of shared database records
  Rule: Records created by other agencies and accessed only through a shared electronic record management system are exempt.
  Decision: An applicant's background check and polygraph records (non-binding determination letter, May 15, 2024) https://illinoisfoia.org/opinions/letter-69962/



TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

Violation found (2)

Section 7(1)(d-5) shared electronic record exemption
Rule: The exemption does not apply because the Sheriff's Office created the record, participated in the events, and did not show sole access through a shared system.
Violation found An email about an incident log · September 28, 2023
Section 7(1)(d-5) withholding of Accurint financial information
Rule: Information not obtained from a shared electronic law enforcement database is not exempt under section 7(1)(d-5).
Violation found An applicant's background check and polygraph records · May 15, 2024

No violation (1)

Section 7(1)(d-5) withholding of shared database records
Rule: Records created by other agencies and accessed only through a shared electronic record management system are exempt.
No violation An applicant's background check and polygraph records · May 15, 2024