7(1)(d)(v)

How the Public Access Counselor has treated 7(1)(d)(v)

Section 7(1)(d)(v) covers records that would disclose unique investigative techniques used by law enforcement. A public body that invokes this exemption must prove by clear and convincing evidence that disclosure would reveal such a technique, rather than routine procedures or information already known to the public.

In these decisions, the PAC rejected broad use of the exemption for ordinary law enforcement paperwork and logs. It found the Homewood Police Department improperly withheld a photo array and lineup report under this provision, even while audio and video recordings were properly withheld under a different exemption. It also examined redactions to Chicago Park District police activity logs under this and related exemptions, and found the Cook County Sheriff's Office failed to meet its burden to justify withholding an email about an incident log.

At a glance: 3 documents(0 binding opinions, 3 determination letters). Most often cited alongside: 7(1)(b) (Private information) (2); 7(1)(a) (Federal/State-law confidentiality — or public defender case files, for documents issued under the other amendment version) (1); 7(1)(c) (Personal privacy) (1); 7(1)(d-5) (Shared-system law-enforcement records the responding agency didn't create) (1); 7(1)(v) (Security vulnerability assessments and response plans) (1).

Recurring issues

• Whether a photo array and lineup report disclose a unique investigative technique. (Audio and video recordings of a police photo array)
• Whether routine entries in police activity logs disclose a unique investigative technique. (Police activity logs for a park)
• Whether audio and video recordings of a lineup are treated differently from the related array and report. (Audio and video recordings of a police photo array)
• Whether a public body met its burden of proving by clear and convincing evidence that the exemption applies. (An email about an incident log, Police activity logs for a park)

Practical points

• A public body invoking this exemption must be prepared to show by clear and convincing evidence how disclosure would reveal a unique technique.
• Routine police paperwork and activity-log entries have not satisfied the exemption in these decisions without such a specific showing.

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.