FOIADetermination Letter (non-binding)Closed no further actionSearch & Production

Peoria County Sheriff's Office complied with flash drive format request

The requester sought a video recording of a mental health incident in a specific physical format (flash drive) rather than a CD.

Date issued: October 9, 2024
Request number(s): 82657
Public body: Peoria County Sheriff's Office
Statute(s): 5 ILCS 140/6
Outcome: Complied after PAC involvement

Plain-language summary

This determination letter addresses whether a county sheriff's office violated FOIA's electronic-format requirement under 5 ILCS 140/6(a) by failing to provide a video recording on a flash drive as requested. The Public Access Bureau held that the Request for Review was unfounded because the sheriff's office had already converted and provided the video on a flash drive, satisfying the requester's specified format. The reasoning clarifies that while FOIA requires production in a requester-specified electronic format where feasible, a request for a particular storage medium (like a flash drive) is not itself an 'electronic format' under the statute, but here the public body complied regardless. The Peoria County Sheriff's Office was the public body reviewed, and the records at issue were video footage of an incident.

Legal question

Whether a public body is required to provide records in a specific physical medium (flash drive) under FOIA.

Holding

A public body satisfies FOIA's format requirements when it provides the requested recording in the medium sought by the requester, even though a storage medium like a flash drive is not itself an 'electronic format' under 5 ILCS 140/6(a).

Summary

The requester sought a video recording on a flash drive after previously receiving it on a CD, and the PAC closed the matter after the Peoria County Sheriff's Office provided the requested flash drive.

video recordselectronic formatrecords requestflash drive

Reading view (533 words)

This reading view follows the source PDF's positioned text blocks. Page headers, repeated office furniture, and lower-margin notes are kept out of the narrative; source notes are available below. Reconstruction is automatic and imperfect — the PDF is the authoritative version, and it's linked on this page.

Dear

This determination letter is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA) (5 ILCS 140/9.5(c) (West 2023 Supp.). For the reasons stated below, the Public Access Bureau has determined that your Request for Review is unfounded.

On July 16, 2024, you submitted a FOIA request to the Peoria County Sheriff's Office (Sheriff' s Office) seeking:

T]he prior video that u guys release to me of my mental breakdown in the law library I gave the copies u gave me to the federal Judge in my case I need 3 original copies uploaded via flash drive a/ease upload the original video the last video had technical difficulties please check and make sure there is no still shots please do not be indifferent to me the ag officer provide these type of material cd usb I do not need these copies in a cd format it had to usb.[ 1]

On August 19, 2024, the Sheriff' s Office responded and denied your request, informing you that the video was provided to you " in multiple formats on a previous date." 2 You submitted the above- referenced Request for Review stating that the Sheriff' s Office previously On September 30, 2024, the Sheriff's Office sent an e-mail informing you that it had converted the video onto a flash drive and that it was available for pick-up. On October 3, 2024, you confirmed to this office that you received the flash drive.

FOIA provides that a public body must provide copies of records in the electronic format specified by the requester, such as a spreadsheet or Portable Document Format, if it feasible to do so. 5 ILCS 140/6(a) ( West 2023 Supp.). Your request for a flash drive identifies a recording medium rather than an electronic format. Regardless, the Sheriff' s Office provided you with footage of the video on a flash drive as you expressly requested. Accordingly, this office will take no further action in this matter. If you are unable to download the recording, you may wish to seek technical assistance.

This file is closed. If you have any questions, please contact me at (312) 814- 3180 or Matthew. Rogina@ilag. gov.

Very truly yours, MATTHEW C. ROGINA Senior Assistant Attorney General Public Access Bureau 82657 f unf co cc: Via electronic mail Ms. Carol Lotz Records Manager Peoria County Sheriff' s Office 301 North Maxwell Road Peoria, Illinois 61604 clotz@peoriacounty. org

Notes from the original PDF (2)

1FOIA portal message from Peoria County Sheriff confirming receipt of request ( July 16,, 2024).
2E-mail from Carol Lotz, PeoriaCounty@request. justfoia.com to August 19, 2024).