Lombard Police Department properly redacted police report under 7(1)(c) without consent

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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 explained below, this office has determined that your Request for Review is unfounded.

On March 14, 2025, submitted a FOIA request to the Lombard Police Department ( Department) seeking a copy of the police report involving a "medical assist" to an identified person at an identified address. The person identified in the FOIA request is not and the FOIA request did not explain connection with the incident or the individual. On March 17, 2025, the Department furnished a report with redactions pursuant to section 7(1)(b) and 7(1)(c) of FOIA. 1 On April 9, 2025, this office received a letter from challenging the redactions and explaining that after received the redacted report from the Department, he contacted the Department to explain that the identified resident is his mother- in-law and that both of you are aware of her health issues. On April 16, 2025, furnished this office a copy of the FOIA request and the Department' s response to complete this Request for Review file.

On May 1, 2025, the Public Access Counselor asked the Department to provide this office a copy of the redacted report it provided in response to the request, along with its redaction log; it provided those records later that day. The report is described as an " assist fire department" incident in a private residence/ home in which an officer was dispatched for "an unresponsive person in the bedroom." The Department redacted the date of birth and home phone number for the individual listed on the report, the name, date of birth, and mobile phone number for another person present on the scene, and a paragraph from the narrative. The redaction log reflects that the Department relied on sections 7(1)(b) and 7(1)(c) of FOIA. There is no indication in the report that the Department conducted a criminal investigation or arrested anyone in connection with the incident, and the Request for Review explains that the subject of the report survived the medical incident.

Section 7(1)(c) of FOIA exempts from disclosure "[ p]ersonal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information." ( Emphasis added.) Section 7(1)(c) defines " unwarranted invasion of personal privacy" as " the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject' s right to privacy outweighs any legitimate public interest in obtaining the information." "[ T]he core purpose of the FOIA is to expose what the government is doing, not what its private citizens are up to.'" Chicago Alliance for Neighborhood Safety v. City of Chicago, 348 Ill. App. 3d 188, 211 (2004) ( quoting Lakin Law Firm, P.C. v. F.T.C., 352 F.3d 1122, 1124 ( 7th Cir. 2003)).

Based on this office's review of the report, disclosure of additional information concerning the Department' s assistance with an unresponsive person without the written consent of that person would cause a clearly unwarranted invasion of personal privacy to that person. FOIA request to the Department did not include that person' s written consent to allow personal information to be disclosed. Although this office recognizes have personal interest in the requested report, and has indicated that she is aware of the person' s medical history, the specific report at issue concerns a highly personal matter and this office has not received or reviewed information indicating that there is a public interest in e-mail to this office stated that he believed he could obtain written consent to disclosure from the subject of this incident to provide to the Department. Once obtain that written consent, they may wish to submit a new FOIA request to the Department with that information included.

This file is closed. If you have any questions, you may contact me at leah.bartelt@ilag. gov.

Very truly yours, LEAH BARTELT Public Access Counselor Public Access Bureau 86210 f unf pd cc: Via electronic mail Ms. Margaret Devine Records Clerk, Lombard Police Department 235 East Wilson Avenue Lombard, Illinois 60148 devinem@villageoflombard. org