Orland Park, IL. (ECWd) –
Fifteen months after submitting a Request for Review to the Illinois Attorney General’s Public Access Counselor (“PAC”) for access to public records that were required to be provided within FIVE DAYS, the PAC determined that the Orland Park Police Department (“OPPD”) violated the Freedom Of Information Act by not providing public records in electronic format.
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This determination shows that if a public body has documents electronically, even if they claim they had to print them out to redact them, they have to then scan them back in and send them to the requester electronically.
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The Requester asked for documents that the police had in electronic format. OPPD told them to come pick them up in person as they were provided in paper format. Requester said, no, you have those electronically so you have to give them to us electronically.
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OPPD then claimed that they could not redact them electronically, so they printed them out to manually redact them. Then they claimed that once they were printed out, they didn’t have to scan them in as PDFs and send them electronically.
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[documentcloud url=”https://www.documentcloud.org/documents/2511330-2014-pac-29008-foia-electronicrecords/annotations/260428.js” ]
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The PAC told the OPPD they were dead wrong, it’s their own fault they claim they can’t redact the documents electronically. If it’s maintained electronically in their system then they have to send provide it electronically when asked.
[documentcloud url=”https://www.documentcloud.org/documents/2511330-2014-pac-29008-foia-electronicrecords/annotations/260429.js” ]
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They are not allowed to require documents be picked up in person. Also, IF they had to send paper documents, postage is at THEIR EXPENSE.
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[documentcloud url=”https://www.documentcloud.org/documents/2511330-2014-pac-29008-foia-electronicrecords/annotations/260430.js” ]
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So, if a public body possesses something electronically, then even if it claims it needs to print it out to redact it, the public body then indeed has to scan it back into the computer electronically and email it as requested. No exceptions.
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This sounds very similar to the FOIA case I have against the Clark County Park District.
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AG determination below:
[documentcloud url=”http://www.documentcloud.org/documents/2511330-2014-pac-29008-foia-electronicrecords.html” pdf=false container=”#DV-viewer-2511330-2014-pac-29008-foia-electronicrecords”]
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