Geofence Search Warrants 2022-1-1

Village of Niles

************************************************************************

Your first Village of Niles record request (request number #22-169) has been submitted.
It is currently unpublished and is not available for the general public to view.

Thank you for filing a Freedom of Information Act Request with Village of Niles. This request will be processed accordingly. 

Village of Niles FOIA Officer 

Request #22-169.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

Village of Niles

************************************************************************

A message was sent to you regarding record request #22-169:

Dear Northwestside Coalition:

Thank you for writing to Village of Niles with your request for information pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.

On 3/15/22, you requested the following documents:

All geofence search warrants -- or search warrants that order companies to identify users based on their location history who may have been in a certain place in a certain time frame -- as well as any applications for geofence search warrants, cancellations, and authorization for geofence search warrants between January 1, 2022 to the date of processing this request.

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.

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

Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days for a limited number of reasons. 5 ILCS 140/3(e). We are extending the time to respond to your request by 5 business days for the following reason(s):

Responding to the request requires that we collect a substantial number of specified records

The request is couched in categorical terms and requires that we conduct an extensive search for the records responsive to it.

The Village will respond to your request by 4/21/22.

Please acknowledge receipt of this request for extension.

Sincerely,

Chris Kobeski

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

Village of Niles

************************************************************************

A message was sent to you regarding record request #22-169:

Dear Northwestside Coalition:

Thank you for writing to Village of Niles with your request for information pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.

On 4/6/22, you requested the following records: All geofence search warrants -- or search warrants that order companies to identify users based on their location history who may have been in a certain place in a certain time frame -- as well as any applications for geofence search warrants, cancellations, and authorization for geofence search warrants between January 1, 2022 to the date of processing this request.

Your request is denied for the following reasons:

These warrants are part of active investigations which applies under section 7(1)(a); 7(1)(d)(i); and 7(1)(d)(vi) of FOIA and releasing any information at this time could jeopardize the investigations. These warrants contain private information which is exempt under section 7(1)(c).

5 ILCS 140/7

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

*                            *                            *

(c) Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information.

*                           *                           *

(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;

*                            *                            *

(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

You have a right to have the denial of 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 62706 Fax: 217-782-1396 E-mail: publicaccess@atg.state.il.us

You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court. 5 ILCS 140/11.

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. 5 ILCS 140/9.5(a). 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,

Chris Kobeski

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

Village of Niles

************************************************************************

Record request #22-169 has been closed. The closure reason supplied was:

Requested documents are part of ongoing investigations.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>