Illinois State Police properly withheld records about license plate tracking data under 7(1)(c)

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Dear

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 your Request for Review is unfounded.

On December 15, 2024, you submitted a FOIA request to the Illinois State Police ISP) seeking:

Any and All Records of ALPRs") that are in the electronic database for the Illinois State Police’ s Department, 605 ILCS 140/1 et seq. Any and All Reports of considered on the Hot List or Hot Plates, and a map of my travels recorded by the Illinois State Police cameras on the expressway in Cook County – I-90/94 (Dan Ryan), I-94 (Bishop Ford), I-90 Kennedy and Jane Addams tollway), and I-57. Any and All Investigative Reports of discovered in the Illinois State Police’ s electronic database. Any and All Field Reports of currently under the Illinois State Police’ s Department control. Any and All Records of related to electronic surveillance under Title III of the Omnibus Crime Control and On December 27, 2024, ISP responded and informed you that "[ a] reasonable search for the requested records was conducted with the information provided and no responsive records were located." 2 On that same date, you submitted a Request for Review with this office.

On January 13, 2025 and January 15, 2025, after being contacted by a Senior Assistant Attorney General with this office, ISP provided an additional explanation for its response. ISP provided further clarification on January 23, 2025.

For the first part of the request, ISP stated that any responsive ALPR data would be exempt from disclosure under section 7(1)(d-7) of FOIA, which applies to "[ 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." 3 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 exemption in 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, any records responsive to the first part of your request would be exempt from disclosure under section 7(1)(d-7) of FOIA.

For the second part of the request seeking reports of yourself " considered on the Hot List or Hot Plates," ISP stated that its "records management section performed a search of the requester’ s name and dob and no reports were located. Also, the Division of Patrol advised they've had no interaction with this requester, and the Division of Criminal Investigation found nothing within their search." 4 ISP further explained that " [ n]o reports were located within any Finally, for the third, fourth, and fifth parts of your request, ISP states that "[ a] search was performed by ISP’ s Records Management Section, Division of Criminal Investigation and Division of Patrol [ DOP] with negative results. No records were located, and DOP further commented they have no record of ever having contact with the requester." 8 ISP further detailed its search in a separate January 14, 2025, e-mail to this office, explaining " a search was completed using the requester' s name and date of birth. Further, a search was conducted in the following databases that were/are used in the years 2018-present: TraCS, Indices, and Docuware." 9 This file is closed. If you have any questions, please contact me at the Chicago address on the first page of this letter. Thank you.

Very truly yours, MATTHEW C. ROGINA Senior Assistant Attorney General Public Access Bureau 84561 f unf sa 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 mailto:Rhiann.Martynowski@illi