Peoria Police Department did not violate FOIA for nonexistent records
The requester sought statistical data regarding the daily usage of body cameras by police officers on a specific historical date.
Plain-language summary
A citizen asked the Peoria Police Department for a specific count of officers using body cameras on a date two years ago. The Department stated it had no such records, and the PAC agreed, noting that FOIA does not require a public body to create new data or perform calculations to answer a request. Consequently, the PAC closed the file with no further action required.
Legal question
Whether a public body violates FOIA by failing to provide records that do not exist or by refusing to create new records to satisfy a request.
Holding
The Peoria Police Department did not violate FOIA because it does not possess the specific records requested and is not required to create new records or perform calculations to satisfy a request.
Summary
The requester sought data regarding the number of police officers using body cameras on a specific date, and the PAC determined that the Peoria Police Department properly responded that it did not possess responsive records.
Issues decided in this letter
Each question the Public Access Bureau decided, with the rule it applied. Extracted automatically from the letter; the source PDF is authoritative.
- No violationFOIA section 2(c)
Request sought general data, not identifiable public records
Rule applied: FOIA requires a request to reasonably identify a public record, not general data, information, or statistics, and a public body need not answer questions or generate new records.
Authorities cited: Chicago Tribune Co. v. Department of Financial & Professional Regulation, 2014 IL App (4th) 130427, ¶ 33; Kenyon v. Garrels, 184 Ill. App. 3d 28, 32 (1989)