Mokena Police Department properly redacted personal info, dates of birth under 7(1)(b)

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Dear and Ms. Contey:

This determination is issued pursuant to section 9.5(f) of the Freedom of Information Act (FOIA) ( 5 ILCS 140/ 9.5(f) (West 2022), as amended by Public Act 103- 069, effective January 1, 2024).

On March 23, 2024, submitted a FOIA request to the Mokena Police Department ( Police Department) seeking a copy of a police report. On March 28, 2024, the Police Department provided records with certain information redacted pursuant to section 7(1)(b) of FOIA. 1 On April 5, 2024, submitted the above- referenced Request for Review disputing those redactions.

On April 16, 2024, this office sent a copy of Request for Review to the Police Department and asked it to provide this office with unredacted copies of records withheld for this office's confidential review, together with a detailed explanation of the legal and factual bases for the applicability of section 7(1)(b) of FOIA. This office also asked the Police Department to provide a copy of the redacted case report it gave on March 28, 2024. On that same date, the Police Department provided this office with those materials. Later that afternoon, this office forwarded a copy of the Police Department's response to she did not reply.

DETERMINATION

All public records in the possession or custody of a public body are " presumed to be open to inspection or copying." 5 ILCS 140/1.2 (West 2022); see also Southern Illinoisan v. Illinois Dept. of Public Health, 218 Ill. 2d 390, 415 ( 2006). A public body " has the burden of proving by clear and convincing evidence" that a record is exempt from disclosure. 5 ILCS 140/ 1.2 (West 2022).

Section 7(1)(b) of FOIA Section 7(1)(b) of FOIA exempts from disclosure "[ p]rivate information, unless disclosure is required by another provision of this Act, a State or federal law or a court order." Section 2(c-5) of FOIA ( 5 ILCS 140/ 2(c-5) (West 2022)) defines " private information" as:

U]nique identifiers, including a person' s social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses. Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person. (Emphasis added.)

The Public Access Counselor has determined that resolution of this matter does not require the issuance of a binding opinion. If you have questions, you may contact me at [email protected] or the Chicago address on the first page. This letter serves to close this matter.

Very truly yours, CHRISTINA LUCENTE-MCCULLOUGH Assistant Attorney General Public Access Bureau 80926 f 71b proper pd