Cook County Sheriff's Office properly withheld DNA phenotype reports under GIPA

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Dear-:

This determination letter is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA).1 For the reasons explained below, the Public Access Bureau has determined that this Request for Review is unfounded.

On May 4, 2026, you submitted a FOIA request to the Cook County Sheriffs Office (Sheriffs Office) seeking "[c]opies of documents from Parabon Nanolabs services, including Snapshot Advanced DNA services 'Phenotype Report"' 2 for a named individual. You also stated "I am a retired law enforcement officer serving as a victim advocate for the family of a 1982 murder victim which remains unsolved. I seek the requested public records in order to develop a strategy to persuade the DuPage County Sheriffs Office to engage in the services of Parabon NanoLabs."3 On May 5, 2026, the Sheriffs Office denied your request pursuant to Section 7(1)(a) ofFOIA exempts from disclosure "[i]nformation specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law." Although the Sheriffs Office did not cite specific sections of the GIP A, section 15(a) of the GIPA5 provides, in relevant part:

Except as otherwise provided in this Act, genetic testing and information derived from genetic testing is confidential and privileged and may be released only to the individual tested and to persons specifically authorized, in writing in accordance with Section 30 [ 410 ILCS 513/30], by that individual to receive the information. (Emphasis added.)

Section 15(b) of the GIP A 6 additionally provides, in relevant part:

When a biological sample is legally obtained by a peace officer for use in a criminal investigation or prosecution, information derived from genetic testing of that sample may be disclosed for identification purposes to appropriate law enforcement authorities conducting the investigation or prosecution[.] * * * The information shall be confidential and may be disclosed only for purposes of criminal investigation or prosecution. (Emphasis added.)

In your Request for Review, you alleged that the Sheriffs Office improperly denied your request in its entirety rather than disclosing copies of responsive records with redactions. The plain language of the above-quoted provisions of the GIP A, however, specifically prohibit the Sheriffs Office from disclosing genetic testing and any information derived therefrom pursuant to FOIA. Your FOIA request expressly sought a Phenotype Report, This file is closed. If you have any questions, please contact me at [email protected].

Very truly yours, MATT GOODMAN Assistant Attorney General Public Access Bureau 94362 f no fi war sho cc: Via electronic mail Ms. Tracy Ho Assistant General Counsel Cook County Sheriffs Office 50 West Washington, Room 704 Chicago, Illinois 60602 [email protected]