Illinois State Police properly withheld ALPR data under 7(1)(d-7)

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Dear Mr. Patterson:

This determination 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 set forth below, the Public Access Bureau has determined that no further action is warranted.

On August 15, 2024, you submitted a FOIA request to the Illinois State Police ISP) seeking " any and all license plate reading device( s) hits for License Plate No: my 2015 Jeep Wrangler), from 3:30 p.m. (15:50 hours) on July 25, 2024 to 6:15 p.m. (18:15 hours) on July 29, 2024 from Evanston, Skokie, Niles, Des Plaines, Morton Grove, Chicago, and any Illinois State Highway, Tollway, or other Expressway." 1 On August 28, 2024, ISP denied your request pursuant to section 7(1)(d-7) of FOIA (5 ILCS 140/7(1)(d-7) (West 2023 Supp.), as amended by Public Act 103-605, effective July 1, 2024). ISP's response stated that under this exemption "[ i]nformation gathered by an" automated license plate reader ( ALPR) " or created from the analysis of data generated by an ALPR is exempt from disclosure." 2 You submitted this Request for Review on September 27, 2024, alleging that the " requested information does not fall under any recognized FOIA exemptions concerning personal privacy, law enforcement mailto:ISP.FOIA.Officer Section 7(1)(d-7) of FOIA exempts from disclosure "[ i]nformation gathered or records created from the use of automatic license plate readers in connection with Section 2-130 of the Illinois Vehicle Code." Correspondingly, section 2-130(d) of the Illinois Vehicle Code 625 ILCS 5/2-130(d) (West 2023 Supp.)) states that " ALPR information shall be held confidentially to the fullest extent of the law." Neither that provision nor the section 7(1)(d-7) of FOIA contains an exception that permits individuals to obtain ALPR information about their own vehicles.

The ALPR hits you requested constitute information gathered or records created from the use of ALPRs. Because such information must be kept confidential under section 2- 130(d) of the Illinois Vehicle Code, and because that statute provides no exception that would allow an individual to obtain ALPR information for their own vehicle pursuant to FOIA, the requested material is exempt from disclosure under section 7(1)(d-7) of FOIA. Accordingly, this office has determined that no further action is warranted in this matter.

This file is closed. If you have any questions, please contact me at Matthew. Rogina@ilag. gov.

Very truly yours, MATTHEW C. ROGINA Senior Assistant Attorney General Public Access Bureau 83280 f no fi war sa mailto:Rhiann.Martynowski@illi cc: Via electronic mail Ms. Rhiann M. Martynowski FOIA Appeals Manager Illinois State Police 801 South 7th Street, Suite 1000- S Springfield, Illinois 62703 Rhiann.Martynowski@illinois. gov