FOIA section 7(1)(d-5)

FOIA

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

5 ILCS 140/7(1)(d-5). Shared-system law-enforcement records the responding agency didn't create

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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 Determination letters are not binding precedent.

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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/issues/foia-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NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law.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/



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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