Village of Libertyville properly withheld police reports under section 7(1)(c) personal privacy exemption
The request sought police reports regarding specific individuals residing at a private address.
Plain-language summary
This determination addressed whether the Village of Libertyville properly withheld police reports under section 7(1)(c) of FOIA's personal privacy exemption. The Public Access Bureau held that the Village did not improperly withhold the reports, finding the request unfounded. The reports concerned a private incident at a private residence involving named individuals, no arrests or charges resulted, and because the request itself identified the subjects by name and address, redaction would not have protected their identities. The reasoning follows prior guidance that a report may be withheld in full under section 7(1)(c) where it contains highly personal information, no arrests were made, the matter is closed, and meaningful redaction cannot protect the subjects' identities.
Legal question
Whether the Village of Libertyville properly invoked section 7(1)(c) of FOIA to withhold police reports containing personal information about private individuals.
Holding
A public body may withhold police reports in full under section 7(1)(c) of FOIA where the reports contain highly personal information about individuals who were not arrested or charged, the case is closed, and redaction cannot meaningfully protect the subjects' identities, particularly where the request itself identifies the subjects by name and address.
Summary
The requester sought police reports concerning two specific individuals at a residential address, which the Village of Libertyville denied citing personal privacy exemptions. The PAC determined the Village's denial was proper under FOIA section 7(1)(c).
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 7(1)(c)
Withholding police reports under section 7(1)(c)
Rule applied: Police reports of a private incident with no arrests may be withheld in full under section 7(1)(c) because disclosure would be a clearly unwarranted invasion of personal privacy.
Authorities cited: Dunaway v. Webster, 519 F. Supp. 1059, 1078 (N.D. Cal. 1981); Citizens for Responsibility and Ethics in Washington v. United States Dep't of Justice, 846 F. Supp. 2d 63, 71 (D.D.C., 2012); American Civil Liberties Union v. United States Dep't of Justice, 655 F.3d 1, 7 (D.C. Cir. 2011); Ill. Att'y Gen. PAC Req. Rev. Ltr. 32478, issued October 4, 2016; Copley Press, Inc. v. City of Springfield, 266 Ill. App. 3d 421, 426 (1994)