FOIA Request: 625 ILCS 5/2-130

Dear e e:
Thank you for your interest in public records of the Cook County Sheriff's Office. Your request was received in this office on 1/17/2024 and given the reference number R051045-011724 for tracking purposes.
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.

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RE: FOIA Request of January 17, 2024, Reference # R051045-011724

Dear e e,

Thank you for contacting the Cook County Sheriff's Office ("CCSO") pursuant to the Illinois Freedom of Information Act ("FOIA"), 5 ILCS 140/1 et seq. (2012).

Your request mentioned:
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/

Please be advised that the CCSO is extending its time for response pursuant to 5 ILCS 140/3 as documents responsive to your request are still being generated. Please note that this correspondence does not serve to waive any exemptions available to this public body under FOIA. The CCSO will issue a response on or before January 31, 2024.

Please contact us by replying to this email if you have any further concerns/questions related to this request.

Sincerely,

Michael Halpin
Cook County Sheriff's Office
FOIA Officer/Legal Department

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RE: FOIA Request of January 17, 2024, Reference # R051045-011724

Dear e e,

Apologies for the delay, however we are still in the process of compiling and reviewing responsive information related to your request below.

Your request mentioned:
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/
If you are agreeable, I would like to offer one additional extension pursuant to 5 ILCS 140/3(e)(ii). Please note that this correspondence does not serve to waive any exemptions available to this public body under FOIA.
The CCSO will issue a response on or before February 7, 2024 . Please let me know if you agree to this extension.
Sincerely,

Michael Halpin
Cook County Sheriff's Office
FOIA Officer/Legal Department

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Hello,
Please be advised that CCSO is asking for an additional extension to your request as our office works to compile responsive records. Please be advised that CCSO will provide an update on or before Friday, February 16, 2024.
We appreciate your patience regarding this matter.
Thank you,
Mike

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RE: FOIA Request of January 17, 2024, Reference # R051045-011724

Dear e e,
Michael Halpin has left the employ of the Cook County Sheriff's Office. I will now be responding to your FOIA request.
You requested 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.

Thank you for your patience as we work to respond to your request. Before he left, Mr. Halpin obtained an example of the written declaration you requested in No. 3 above. You can download it at the link below. Although FOIA does not require an explanation or elaboration on the documents we provide, it is our understanding that every law enforcement agency that uses Flock's system had to agree to the provided declaration before January 1, 2024 to Illinois' restrictions before they could continue utilizing the system. If the law enforcement agencies did not agree to restrict their use of Flock data in accordance with Illinois law, they were expelled from the system.
Because we have recently lost two FOIA staff members, including Mr. Halpin, our responses are taking somewhat longer in the short term as we train new staffers to take their place. As I work to pick up where Mr. Halpin left off, I am requesting an extension to March 5, 2024 to gather the requested records and respond to the remainder of your request listed above. Thank you for your understanding. FOIA Request - R051045-011724
Sincerely,
Robert Olmstead
Deputy General Counsel
Cook County Sheriff's Office

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RE: FOIA Request of January 17, 2024, Reference # R051045-011724

Dear e e,

Your requested:

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.

A record responsive to Item No. 3 was previously provided. We have no records responsive to Item Nos. 4, 5 and 6. I am still searching for and reviewing records potentially responsive to Item Nos. 1 and 2.
If you are agreeable, I would like to extend the time for response to March 12, 2024, pursuant to 5 ILCS 140/3(e)(ii). Please note that this correspondence does not serve to waive any exemptions available to this public body under FOIA.
Sincerely,

Robert Olmstead
Deputy General Counsel for Public Policy and Information
Cook County Sheriff's Office

--- Please respond above this line ---

RE: FOIA Request of January 17, 2024, Reference # R051045-011724

Dear e e,
Thank you for contacting the Cook County Sheriff's Office ("CCSO") pursuant to the Illinois Freedom of Information Act ("FOIA"), 5 ILCS 140/1 et seq. (2012).
You requested:
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. I apologize that I have not yet concluded this FOIA request. I should have a response by next week, and will respond earlier if possible. If you are agreeable, I would like to extend the response date to March 22, 2024.
Sincerely,

Robert Olmstead
Deputy General Counsel
Cook County Sheriff's Office

--- Please respond above this line ---

RE: FOIA Request of January 17, 2024, Reference # R051045-011724

Dear e e,
Thank you for contacting the Cook County Sheriff's Office ("CCSO") pursuant to the Illinois Freedom of Information Act ("FOIA"), 5 ILCS 140/1 et seq. (2012).
You requested the following records:
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/
Responsive records have been uploaded at the link below.
1) Policies and Procedures: Any current policies and procedures that have been adopted to ensure compliance with 625 ILCS 5/2-130.
Please find uploaded in the link below the requested information.

2) Training Materials: Any training materials provided to staff about 625 ILCS 5/2-130.
Please be advised that the CCSO conducted a diligent search, however, no responsive records were found for your request for " 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.
Please find uploaded in the link below the requested information. Please refer to the communication on February 16th, 2024 for more information related to this portion of the request.

4) Audit or Compliance Reports: Any recent audit or compliance reports that assess the adherence to 625 ILCS 5/2-130.
Please be advised that the CCSO conducted a diligent search, however, no responsive records were found for your request for "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.
Please be advised that the CCSO conducted a diligent search, however, no responsive records were found for your request for "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.
Please be advised that the CCSO conducted a diligent search, however, no responsive records were found for your request for "documentation of any disciplinary actions taken against individuals or departments for non-compliance with 625 ILCS 5/2-130."
FOIA Request - R051045-011724
You have a right to have the denial portion of your request reviewed by the courts and/or the Public Access Counselor (PAC) at the Office of the Illinois Attorney General at 500 South 2nd Street, Springfield, Illinois 62701, (877) 299-FOIA.
Sincerely,
Raphael Forbes
Assistant General Counsel - FOIA Officer
Cook County Sheriff's Office
FOIA Officer/Legal Department