The Illinois Attorney General (PAC office) recently issued its first binding opinion for 2017. In PAC Op. 17-001, the PAC found the Illinois State Police in violation of FOIA for improperly denying a request for an ISP field report referenced in an accident report the requester had previously received. The ISP had denied the request in its entirety, claiming release would interfere with a pending law enforcement proceeding.
The requester filed a complaint with the PAC, which determined that the ISP failed to provide a "detailed factual basis" as to how the release would interfere with its law enforcement investigations. In the PAC's opinion, the mere existence of an open investigation is not enough to satisfy this exemption, and the ISP was required to explain, in some detail, why release would interfere with the open investigation.
Post Authored by Julie Tappendorf