FOIA Request: 625 ILCS 5/2-130

Thank you for your interest in public records of City of Aurora. Your request has been received and is being processed in accordance with the (5 ILCS 140/) Freedom of Information Act. Your request was received in this office on 1/16/2024 and given the reference number P000183-011624 for tracking purposes. Records Requested: To Whom It May Concern:

According to 625 ILCS 5/2-130 (https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K2-130):

"An ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that:
(1) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services as defined by the Lawful Health Care Activity Act; or
(2) permits the detention or investigation of a person based on the person's immigration status.
(c) Any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b). If a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency."

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

The documents I am seeking include, but are not limited to:

1) Policies and Procedures: Any current policies and procedures that have been adopted to ensure compliance with 625 ILCS 5/2-130.

2) Training Materials: Any training materials provided to staff about 625 ILCS 5/2-130.

3) Written Declarations: Written declarations received from out-of-state law enforcement agencies that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b) of 625 ILCS 5/2-130.

4) Audit or Compliance Reports: Any recent audit or compliance reports that assess the adherence to 625 ILCS 5/2-130.

5) Records of Violations: Records or reports of any violations of 625 ILCS 5/2-130 legislation, including unauthorized sharing of data.

6) Disciplinary Actions: Documentation of any disciplinary actions taken against individuals or departments for non-compliance with 625 ILCS 5/2-130.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

e

Upload documents directly: https://www.muckrock.com/
Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The Freedom of Information Act does not require a governmental body to create new information, to do legal research, or to answer questions.
City of Aurora

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January 24, 2024 VIA: requests@muckrock.com (GovQA Email Notification)
RE: Police FOIA Request of January 16, 2024, Reference # P000183-011624
Dear Requester, Thank you for contacting the City of Aurora with your request for information pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq. On January 16, 2024 you submitted the following: To Whom It May Concern:

According to 625 ILCS 5/2-130 (https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K2-130):

"An ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that:
(1) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services as defined by the Lawful Health Care Activity Act; or
(2) permits the detention or investigation of a person based on the person's immigration status.
(c) Any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b). If a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency."

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

The documents I am seeking include, but are not limited to:

1) Policies and Procedures: Any current policies and procedures that have been adopted to ensure compliance with 625 ILCS 5/2-130.

2) Training Materials: Any training materials provided to staff about 625 ILCS 5/2-130.

3) Written Declarations: Written declarations received from out-of-state law enforcement agencies that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b) of 625 ILCS 5/2-130.

4) Audit or Compliance Reports: Any recent audit or compliance reports that assess the adherence to 625 ILCS 5/2-130.

5) Records of Violations: Records or reports of any violations of 625 ILCS 5/2-130 legislation, including unauthorized sharing of data.

6) Disciplinary Actions: Documentation of any disciplinary actions taken against individuals or departments for non-compliance with 625 ILCS 5/2-130.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Upload documents directly: https://www.muckrock.com/ In response: Pursuant to FOIA, the time for response under Section 3.(e) is extended five (5) business days from the original due date, for the following reason(s):

(vi) the request for records cannot be complied with by the public body within the time limits prescribed by subsection (d) of this Section without unduly burdening or interfering with the operations of the public body;
In that regard, we are extending your due date five (5) business days. Your new completion date will be January 31, 2024.
Should you have any additional questions or concerns, please respond to this email.
Sincerely, Elizabeth Robles
Records Office Manager
Aurora Police Department
630-256-5722
roblese@aurora.il.us


REQUEST FOR PUBLIC RECORDS WILL BE PROCESSED IN ACCORDANCE WITH THE ILLINOIS FOIA.
All requests for public records will be governed by the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1, and exempt information will be redacted or otherwise withheld. You may be receiving a redacted version of the requested records.

--- Please respond above this line ---
DO NOT REPLY TO THIS AUTOMATED EMAIL - IT WAS SENT FROM AN UNMONITORED ACCOUNT

January 31, 2024
TO: N/A
VIA: requests@muckrock.com (GovQA email notification)
RE: Police FOIA Request of January 16, 2024, Reference # P000183-011624
Dear Requester, Thank you for contacting the City of Aurora with your request for public records, pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq. On January 16, 2024, you requested the following information: To Whom It May Concern:

According to 625 ILCS 5/2-130 (https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K2-130):

"An ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that:
(1) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services as defined by the Lawful Health Care Activity Act; or
(2) permits the detention or investigation of a person based on the person's immigration status.
(c) Any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b). If a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency."

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

The documents I am seeking include, but are not limited to:

1) Policies and Procedures: Any current policies and procedures that have been adopted to ensure compliance with 625 ILCS 5/2-130.

2) Training Materials: Any training materials provided to staff about 625 ILCS 5/2-130.

3) Written Declarations: Written declarations received from out-of-state law enforcement agencies that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b) of 625 ILCS 5/2-130.

4) Audit or Compliance Reports: Any recent audit or compliance reports that assess the adherence to 625 ILCS 5/2-130.

5) Records of Violations: Records or reports of any violations of 625 ILCS 5/2-130 legislation, including unauthorized sharing of data.

6) Disciplinary Actions: Documentation of any disciplinary actions taken against individuals or departments for non-compliance with 625 ILCS 5/2-130.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Upload documents directly: https://www.muckrock.com/ Some exempt information has been redacted, pursuant to the Section 7 provisions of FOIA that are cited in the record(s). In reference to your bulleted requests: 1) Policies and Procedures: Any current policies and procedures that have been adopted to ensure compliance with 625 ILCS 5/2-130 - Responsive records are available via the GovQA Portal. 2) Training Materials: Any training materials provided to staff about 625 ILCS 5/2-130 - There are no responsive records. 3) Written Declarations: Written declarations received from out-of-state law enforcement agencies that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b) of 625 ILCS 5/2-130 - There are no responsive records. The police department stopped sharing information with out of state agencies as of 28 August 2023. 4) Audit or Compliance Reports: Any recent audit or compliance reports that assess the adherence to 625 ILCS 5/2-130 - Inactive agency names have been removed as they are not responsive to this request. 5) Records of Violations: Records or reports of any violations of 625 ILCS 5/2-130 legislation, including unauthorized sharing of data - No responsive records.
6) Disciplinary Actions: Documentation of any disciplinary actions taken against individuals or departments for non-compliance with 625 ILCS 5/2-130 - No responsive records.
THIS IS A NOTIFICATION SENT TO YOUR EMAIL ADDRESS VIA GOVQA.  YOUR RESPONSIVE RECORDS ARE ATTACHED TO YOUR FOIA REQUEST IN GOVQA. You have the right to have this response to your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a). You can file your Request for Review with the PAC by writing to:

Public Access Counselor, Office of the Attorney General 500 South 2nd Street, Springfield, Illinois 62701
Phone: 877-299-3642
E-mail: public.access@ilag.gov
You also have the right to seek judicial review by filing a lawsuit in the State of Illinois Circuit Court. If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this denial letter. Please note that you must include a copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC. Sincerely, Elizabeth Robles
Records Office Manager
Aurora Police Department
630-256-5722
roblese@aurora.il.us This message has been sent from a mailbox that is not monitored. Please do not reply directly to this message.


REQUEST FOR PUBLIC RECORDS WILL BE PROCESSED IN ACCORDANCE WITH THE ILLINOIS FOIA.
All requests for public records will be governed by the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1, and exempt information will be redacted or otherwise withheld. You may be receiving a redacted version of the requested records.