FOIA section 7(1)(d)

Redaction under section 7(1)(d)(iv) for confidential source

Rule: The driver's statements to police in response to questioning prior to arrest do not fall within the exemption for confidential sources or persons providing information to law enforcement.

Violation found A police report of a DUI arrest and vehicle impoundment · August 21, 2024

Withholding entire crash records under 7(1)(d)(i)

Rule: A public body must show with specific facts, not conclusory statements, that disclosure would interfere with law enforcement proceedings.

Violation found Police reports and video footage of a traffic crash · February 11, 2025

Section 7(1)(d)(i) interference with law enforcement proceedings

Rule: A public body must provide specific facts showing disclosure would interfere with pending or reasonably contemplated law enforcement proceedings; speculation is insufficient.

Violation found Police body-camera footage of a traffic stop arrest · March 20, 2025

Section 7(1)(d)(ii) interference with administrative enforcement proceedings

Rule: The public body did not show active administrative enforcement proceedings or that the recordings were created in the course of such proceedings.

Violation found Police body-camera footage of a traffic stop arrest · March 20, 2025

Section 7(1)(d)(iii) fair trial or impartial hearing

Rule: The public body must demonstrate a pending or imminent trial and that disclosure would more likely than not seriously interfere with fairness; it failed to do so.

Violation found Police body-camera footage of a traffic stop arrest · March 20, 2025

Section 7(1)(d)(iv) confidential source or witness information

Rule: The recordings captured only interactions between law enforcement and the arrestee, so no witness information subject to redaction was present.

Violation found Police body-camera footage of a traffic stop arrest · March 20, 2025

Section 7(1)(d)(v) unique investigative techniques

Rule: The public body did not show that release of the recordings would reveal unique or specialized investigative techniques.

Violation found Police body-camera footage of a traffic stop arrest · March 20, 2025

Section 7(1)(d)(vi) endanger life or physical safety

Rule: The public body did not establish that releasing the recordings would endanger the life or physical safety of law enforcement personnel or any other person.

Violation found Police body-camera footage of a traffic stop arrest · March 20, 2025

Section 7(1)(d)(vii) obstruction of ongoing criminal investigation

Rule: The public body did not illustrate with facts how disclosure would obstruct an ongoing criminal investigation; mere speculation is insufficient.

Violation found Police body-camera footage of a traffic stop arrest · March 20, 2025

Denial of incident report under section 7(1)(d)(i)

Rule: A public body must provide specific facts showing how disclosure would interfere with pending law enforcement proceedings; conclusory statements are insufficient.

Violation found An incident report about missing swan decoys · October 9, 2024

Section 7(1)(d)(i) law enforcement proceedings exemption

Rule: Conclusory assertions that disclosure would interfere with law enforcement proceedings are insufficient; the body must show actual interference.

Violation found I-Pass transponder and license plate data for an individual · December 31, 2024

Section 7(1)(d)(vi) endangerment exemption

Rule: The body must identify and explain a reasonable threat of harm; conclusory claims of endangerment are insufficient.

Violation found I-Pass transponder and license plate data for an individual · December 31, 2024

Withholding cross-designated deputy names under 7(1)(d)(vi)

Rule: A public body must show disclosure would endanger officers beyond inherent risks; speculation about surveillance exposure does not meet the clear and convincing burden.

Violation found A list of cross-designated sheriff's deputies · December 30, 2024

Denial under section 7(1)(d)(i) law enforcement exemption

Rule: A public body must provide objective indicia and specific facts showing disclosure would interfere with pending or contemplated law enforcement proceedings; conclusory assertions are insufficient.

Violation found Surveillance video footage of a shooting incident · July 22, 2022

Denial under section 7(1)(d)(iii) fair trial exemption

Rule: A public body must establish that a trial or adjudication is pending or truly imminent and that disclosure would more probably than not seriously interfere with fairness; conclusory statements are insufficient.

Violation found Surveillance video footage of a shooting incident · July 22, 2022

Withholding under section 7(1)(d)(i) law enforcement exemption

Rule: A public body must show objective indicia that disclosure would interfere with pending or reasonably contemplated law enforcement proceedings; mere possibility of a new trial is too speculative.

Violation found Police interview records of a private citizen · March 1, 2024

Withholding under section 7(1)(d)(iii) fair trial exemption

Rule: To withhold records, a public body must show a trial is pending or truly imminent and that disclosure would more probably than not seriously interfere with fairness; speculation about a new trial is insufficient.

Violation found Police interview records of a private citizen · March 1, 2024

Section 7(1)(d)(v) investigative techniques exemption

Rule: The public body's generalized and conclusory explanation failed to show unique or specialized techniques or demonstrable harm from disclosure.

Violation found An email about an incident log · September 28, 2023

Withholding photo array and lineup report under section 7(1)(d)(v)

Rule: Bare assertions without a detailed rationale do not satisfy a public body's burden to prove an exemption applies by clear and convincing evidence.

Violation found Audio and video recordings of a police photo array · December 2, 2025

Withholding narratives and video under 7(1)(d)(vii)

Rule: A public body must provide specific facts showing disclosure would obstruct an ongoing criminal investigation; conclusory assertions are insufficient.

Violation found Police reports and dash-camera footage of an arrest · October 26, 2020

Withholding of remaining incident report under section 7(1)(d)(i)

Rule: The City failed to show by clear and convincing evidence that disclosing information about arrestees and their incidents would interfere with pending law enforcement proceedings.

Violation found Police incident report for case 2019-48357 · March 11, 2020

Withholding remaining records under 7(1)(d)(vii)

Rule: The Police Department's largely conclusory explanation failed to demonstrate by clear and convincing evidence that disclosure of the remaining information would obstruct its ongoing criminal investigation.

Violation found Police reports on a fatal motor vehicle accident · October 2, 2023

Withholding external enforcement emails under 7(1)(d)(ii)

Rule: Emails that merely relay facts about alleged violations without describing internal actions or opinions do not meet the public body's clear and convincing burden of showing interference.

Violation found Records on environmental and zoning violations at a freight site · February 1, 2022

Section 7(1)(d)(i) law enforcement exemption

Rule: A public body must show by clear and convincing evidence how disclosure would interfere with a pending investigation; conclusory assertions are insufficient.

Violation found Death investigation records and police-federal communications · June 5, 2023

Withholding police reports in entirety under 7(1)(d)(vi)

Rule: A public body must specifically explain how disclosure would endanger life or physical safety; conclusory assertions are insufficient to meet its burden.

Violation found Police reports naming the requester · July 1, 2021

Section 7(1)(d)(ii) exemption claim rejected

Rule: IDOT failed to meet its burden of showing the responsive letter was exempt under section 7(1)(d)(ii) because the record was not created in the course of an administrative enforcement proceeding.

Violation found A letter about workplace harassment allegations · February 28, 2022

Section 7(1)(d)(iii) exemption claim rejected

Rule: IDOT failed to meet its burden of showing the responsive letter was exempt under section 7(1)(d)(iii) because the record was not created in the course of an administrative enforcement proceeding.

Violation found A letter about workplace harassment allegations · February 28, 2022

Section 7(1)(d)(iv) exemption claim rejected

Rule: IDOT failed to meet its burden of showing the responsive letter was exempt under section 7(1)(d)(iv) because the record was not created in the course of an administrative enforcement proceeding.

Violation found A letter about workplace harassment allegations · February 28, 2022

Section 7(1)(d)(v) law enforcement techniques

Rule: Use of force reports do not disclose unique or specialized investigative techniques, so the exemption does not apply.

Violation found Police use-of-force reports for 2017 · September 13, 2018

Section 7(1)(d)(iii) fair trial exemption denial

Rule: A public body must show a pending or imminent trial and that disclosure would more probably than not seriously interfere with fairness; an ongoing investigation alone is insufficient.

Violation found An investigation of police officers · June 27, 2018

Redaction of police handling, crime nature, and surveillance descriptions under 7(1)(d)(iv)

Rule: Information about police handling, general crime nature, and surveillance images does not reveal a confidential source's identity and is not exempt.

Violation found Police records of a past burglary investigation · April 17, 2018

Withholding records in their entireties under section 7(1)(d)(iii)

Rule: A public body must show that a trial is imminent and that disclosure would more probably than not seriously interfere with its fairness; conclusory claims are insufficient.

Violation found Police reports and 9-1-1 recordings in a retail theft and homicide case · December 6, 2017

Withholding records in their entireties under sections 7(1)(d)(i) and 7(1)(d)(vii)

Rule: A public body must provide a detailed, specific justification showing how disclosure would obstruct an ongoing investigation or interfere with pending proceedings; generalized concerns are insufficient.

Violation found Police reports and 9-1-1 recordings in a retail theft and homicide case · December 6, 2017

Redaction of names under administrative enforcement exemption

Rule: Records not created in administrative enforcement proceedings or held by law enforcement for law enforcement purposes are not exempt.

Violation found Animal research protocol and medical records · July 14, 2015

Section 7(1)(d)(i) withholding based on pending law enforcement proceedings

Rule: Section 7(1)(d)(i) applies only to proceedings conducted by the recipient law enforcement agency, and the Sheriff's Office neither conducts the trial court proceedings nor showed interference with its own proceedings.

Violation found Dash-cam video and police reports of a fatal pursuit · March 31, 2015

Redaction of law enforcement records under section 7(1)(d)(iv)

Rule: A public body may redact witness statements and identifying information when disclosure would unavoidably identify persons who provided information to law enforcement.

No violation Police reports and dashcam footage in a custody dispute · January 5, 2022

Redaction of identifying information of individuals who provided information

Rule: The Department may redact names and identifying information of individuals who provided information to the Department.

No violation Police reports on juvenile suspects at a golf course · August 24, 2021

Redaction of complainant identity and statements under 7(1)(d)(iv)

Rule: Section 7(1)(d)(iv) permits withholding the identity of a person who provides information to law enforcement, and records may be withheld entirely if redaction cannot meaningfully protect identity.

No violation Witness statements in a police report · February 14, 2025

Withholding witness-identifying information under law enforcement exemption

Rule: Records may be withheld in their entirety if disclosure would necessarily reveal the identity of a source and redaction cannot meaningfully be accomplished.

No violation Police incident report of criminal damage to a vehicle · June 6, 2025

Denial of video footage under section 7(1)(d)(i)

Rule: Disclosure of video footage during an early stage of an active law enforcement investigation would interfere with pending proceedings, so the exemption applies.

No violation Video footage of a shooting under investigation · December 20, 2024

Withholding witness statements pending accident reconstruction report

Rule: Withholding witness statements that would interfere with the creation of an incomplete accident reconstruction report is proper under the law enforcement exemption.

No violation Police reports and video footage of a traffic crash · February 11, 2025

Redaction of witness name and sentence under 7(1)(d)(iv)

Rule: A public body may withhold a witness's name and a sentence that would unavoidably disclose the identity of a confidential source or person providing information to law enforcement.

No violation Redacted name and sentence in a police report · October 21, 2024

Withholding case report under 7(1)(d)(i)

Rule: A public body may withhold records if it shows with clear and convincing evidence that disclosure would interfere with pending law enforcement proceedings.

No violation Police reports, body camera footage, and 911 recordings of a shooting · September 5, 2024

Redaction of confidential source identity under section 7(1)(d)(iv)

Rule: Blurring an individual who provided information to police is permissible to avoid disclosing a confidential source's identity.

No violation Police body-camera footage of a public encounter · October 4, 2023

Redaction of witness contact information

Rule: Section 7(1)(d)(iv) requires disclosure of witness names only, not contact information, which is exempt under section 7(1)(b).

No violation Redacted witness information in a police crash report · February 6, 2023

Redaction of body camera audio under section 7(1)(d)(iv)

Rule: Information that would unavoidably disclose the identity of a confidential source who provided information to law enforcement is exempt from disclosure.

No violation Body-camera footage and 911 recordings of a YMCA incident · February 6, 2023

Redaction of witness identities under section 7(1)(d)(iv)

Rule: Section 7(1)(d)(iv) protects the anonymity of persons who provide information to law enforcement, and redaction of witness names and identifying details is proper.

No violation Investigative records and photos of a 1992 murder case · November 21, 2024

Permissible redaction of other suspects and incidents

Rule: The City may redact specific information about other suspects who have not been arrested and other incidents that have not resulted in arrests.

No violation Police incident report for case 2019-48357 · March 11, 2020

Permissible redaction of non-arrested witness identities

Rule: The City may redact information identifying witnesses who provided information to police but were not arrested.

No violation Police incident report for case 2019-48357 · March 11, 2020

Redaction of identifying information of victim, witnesses, and third parties

Rule: Section 7(1)(d)(iv) permits redaction of names, addresses, contact information, and other identifying information of individuals who provide information to law enforcement.

No violation Police reports and complaints about an individual · May 25, 2023

Withholding witness statements and suspect identity under 7(1)(d)(vii)

Rule: Withholding witness statements and suspect-identifying information was proper because disclosure could reasonably be expected to obstruct an ongoing criminal investigation.

No violation Police reports on a fatal motor vehicle accident · October 2, 2023

Withholding internal enforcement emails under 7(1)(d)(ii)

Rule: Disclosure of internal emails discussing the District's enforcement actions going forward could interfere with its active administrative enforcement proceeding, so they are exempt.

No violation Records on environmental and zoning violations at a freight site · February 1, 2022

Redaction of identifying information of persons providing information under 7(1)(d)(iv)

Rule: Identifying information of persons who provide information to police may be redacted to protect their anonymity.

No violation Police records of a past burglary investigation · April 17, 2018

Withheld jail round records exempt under section 7(1)(d)(vi)

Rule: Records revealing correctional officers' times and locations are exempt because disclosure could endanger their life or physical safety.

No violation Jail inspection reports and security-round logs · November 21, 2017

Permissible redaction of witness identifying information

Rule: The City may redact names and identifying information of witnesses who voluntarily provided information to law enforcement.

No violation Disciplinary records and citizen complaints for three police officers · February 11, 2016

Withholding videos under fair trial exemption

Rule: Withholding was proper because disclosure at the time of the request would have created a substantial likelihood of depriving a person of a fair trial.

No violation Police video of a hit-and-run incident · March 29, 2019

Section 7(1)(d)(v) exemption for Audit Manual

Rule: The Department is a law enforcement agency; the Audit Manual contains non-segregable specialized investigative techniques whose disclosure would demonstrably harm the Department.

No violation Internal audit manual sections for tax enforcement · October 30, 2018

Future denial under law enforcement and administrative exemptions

Rule: Whether CPD can prove by clear and convincing evidence that disclosure would interfere with pending proceedings is undecided until a future request is denied.

No determination / resolved Police body-camera footage of a search warrant execution · January 10, 2020

Permissible redaction of witness-identifying information

Rule: Information identifying witnesses who provided information may be withheld from disclosure.

No determination / resolved An investigation of police officers · June 27, 2018

Withholding records under section 7(1)(d)(i)

Rule: Because the section 7(1)(f) determination was dispositive, the Public Access Bureau declined to address the applicability of section 7(1)(d)(i).

No determination / resolved Correspondence between state attorneys general on environmental policy · August 24, 2016