April 1, 2024

Issue

In Public Access Opinion 24-006 the issue centered around a Freedom of Information Act (FOIA) request made by Meredith Newman, an investigative reporter for the Better Government Association. On December 6, 2023, Newman requested copies of all Peoria County police reports related to Logan Dunne, a man who went missing from a Peoria hospital in June and whose remains were found in November. The Sheriff’s Office denied the request in its entirety on December 14, 2023, citing privacy concerns as the information was considered highly personal and private to the involved parties. This led to a formal Request for Review by Newman, disputing the denial as the public interest in Dunne’s case, given his death, outweighed privacy concerns.

Relevant FOIA Laws

The applicable FOIA rules involve several sections which the Peoria Sheriff’s Office initially cited for withholding information. These include sections 7(1)(b) and 7(1)(c), related to personal privacy and sections 7(1)(d)(i) and 7(1)(d)(vii) concerning ongoing investigations or proceedings. Under FOIA, all records held by public bodies are presumed open unless the public body can clearly demonstrate that an exemption applies, and this must be substantiated with detailed justifications.

1. Section 7(1)(b) of the Illinois FOIA exempts from disclosure private information, specifically defining types such as unique identifiers and personal financial records, which are not required by law to be disclosed unless under court order.
2. Section 7(1)(c) addresses the exemption of personal information from disclosure if such disclosure would constitute an unwarranted invasion of personal privacy, balanced against any legitimate public interest in obtaining the information. This was central to the Sheriff’s Office’s initial refusal to release the records requested.
3. Section 7(1)(d)(i) and 7(1)(d)(vii), also mentioned in the Sheriff’s refusal, relate to law enforcement records that could interfere with pending or ongoing investigations or operations

Analysis

The analysis by the Attorney General’s office concluded that the Peoria Sheriff’s Office did not meet its burden to justify the denial of the FOIA request under the cited exemptions. It was determined that the reports did not contain information that would result in a clearly unwarranted invasion of privacy, especially considering the public’s interest in the disappearance and death of Logan Dunne. The argument for exemption based on an ongoing investigation was also found inadequate without substantial evidence showing how disclosure would negatively impact the investigation.

Conclusion

The matter concluded with the Attorney General directing the Sheriff’s Office to comply with the FOIA request and provide the reports to Newman, subject only to permissible redactions. The decision emphasized the importance of transparency and the public’s right to information, particularly in cases that have garnered significant public interest.

The complete opinion from the Illinois Attorney General‘s Public Access Counselor can be found here: Public Access Opinion 24-006

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