7(1)(d)(vii)

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

Section 7(1)(d)(vii) covers law enforcement records whose disclosure would obstruct an ongoing criminal investigation. It does not apply simply because records relate to police activity, an arrest, or a case described as open. The public body must connect disclosure at the time of the request to obstruction of the investigation.

In these decisions, the PAC required specific facts rather than conclusory claims that release would interfere. It found violations where Melrose Park police denied a victim representative's request for the report in full and where Lockport police withheld arrest narratives and video based on pending litigation or an open case. By contrast, it found no violation where Forest Park withheld hit-and-run surveillance video, relying on the related fair-trial protection when disclosure created a substantial likelihood of depriving a defendant of a fair trial.

At a glance: 3 documents from 2022(1 binding opinion, 2 determination letters). Most often cited alongside: 7(1)(b) (Private information) (1); 7(1)(d)(i) (Would interfere with pending/contemplated law-enforcement proceedings) (1); 7(1)(d)(ii) (Would interfere with active administrative enforcement proceedings) (1).

Recurring issues

• Whether describing a matter as ongoing, open, or subject to pending litigation alone satisfies Section 7(1)(d)(vii). (Police records of a sexual assault report, Police reports and dash-camera footage of an arrest)
• Whether a police department may deny in full a victim representative's request for the police report and investigative records as related to an ongoing investigation. (Police records of a sexual assault report)
• Whether arrest narratives and video footage may be withheld under Section 7(1)(d)(vii) without specific facts showing obstruction. (Police reports and dash-camera footage of an arrest)
• Whether surveillance video may be withheld under related Section 7(1)(d) law-enforcement exemptions when disclosure risks depriving a defendant of a fair trial, even if that specific subpart was not expressly cited. (Police video of a hit-and-run incident)

Practical points

• A public body invoking Section 7(1)(d)(vii) should explain with specific facts how disclosure at the time of the request would obstruct the ongoing investigation.
• A public body relying on a law-enforcement proceeding exemption should clearly state the factual basis, including any fair-trial risk from releasing video while proceedings are pending.
• A requester seeking records connected to an investigation may need to address whether the investigation remains ongoing and what specific records are sought.

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