Village of Antioch properly denied body camera footage to restraining order petitioner not subject of encounter

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Dear Mr. Mathewson:

This determination is issued pursuant to section 9 .5( c) of the Freedom of Information Act (FOIA). 1 For the reasons set forth below, the Public Access Bureau has determined that no further action is warranted in this matter.

On January 7, 2026, you submitted a FOIA request to the Village of Antioch (Village) seeking, in relevant party, a copy of body camera footage of when police served a named person with a restraining order in a matter in which you are the petitioner. On January 14, 2026, the Village denied that body camera footage pursuant to section 10-20(b) of the Law Enforcement Officer-Worn Body Camera Act (Body Camera Act) (50 ILCS 706/10-20(b) (West 2024)) because the footage was not flagged and you were not the subject captured on the recording.

Later that same day you submitted the above-referenced Request for Review challenging the Village's response to your request. You argued that the Village misapplied the Body Camera Act because "[t]he statute does not require that a requester be physically present or visually depicted on camera to qualify as a subject of the encounter, particularly where the Recordings made with the use of an officer-worn body camera are not subject to disclosure under the Freedom of Information Act, except that:

(1) if the subject of the encounter has a reasonable expectation of privacy, at the time of the recording, any recording which is flagged, due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm, shall be disclosed in accordance with the Freedom oflnformation Act if:

(A) the subject of the encounter captured on the recording is a victim or witness; and (B) the law enforcement agency obtains written permission of the subject or the subject's legal representative;

(2) except as provided in paragraph (1) of this subsection (b ), any recording which is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm shall be disclosed in accordance with the Freedom of Information Act; and (3) upon request, the law enforcement agency shall disclose, in accordance with the Freedom of Information Act, the recording to the subject of the encounter captured on the recording or to the subject's attorney, or the officer or his or her legal representative. (Emphasis added.)

For the reasons stated above, the Public Access Bureau has determined that no further action is warranted in this matter. This file is closed. If you have questions, please contact me at the Chicago address on the bottom of the first page of this letter.

Very truly yours, KATIE GOLDSMITH Assistant Attorney General Public Access Bureau 91731 f no fi war mun cc: Via electronic mail Ms. Lori K. Romine Clerk Village of Antioch 935 Skidmore Drive Antioch, Illinois 60002 [email protected]. gov