AG: DeKalb’s License Plate Recognition Camera Photos Are Subject To FOIA –
The Illinois Public Access Counselor ruled that images captured by police License Plate Recognition cameras are subject to public disclosure under the Freedom of Information Act. The city of DeKalb’s refusal to release these photos was deemed a violation because it failed to provide concrete evidence that disclosure would compromise security. Generalized assertions regarding potential vulnerabilities were rejected as insufficient, establishing that the burden of proof lies with the agency to demonstrate specific risks that outweigh the public’s right to access. This determination is highly relevant to open data initiatives because it clarifies the legal status of automated surveillance data. It reinforces the principle that records held by contractors performing government functions belong to the public body, preventing agencies from evading transparency by claiming lack of possession. By invalidating vague security arguments, the ruling strengthens the expectation that operational data should be accessible, encouraging more robust open data frameworks where citizens can scrutinize the effectiveness and use of surveillance technologies. Furthermore, the decision sets a precedent for how governments must handle data exemptions, requiring clear and convincing evidence rather than theoretical concerns. This protects the integrity of open data ecosystems by ensuring that privacy and security claims are substantiated, not merely stated. Consequently, it empowers researchers and journalists to access such data, fostering greater accountability and enabling the public to understand how law enforcement utilizes automated systems, which is essential for maintaining trust in government transparency.
Source: edgarcountywatchdogs.comPublished on 2023-06-21
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