Delaware
Delaware Freedom of Information Act
29 Del. C. section 10001 et seq.
Transparency Score: 57/100
Response Timeline
Delaware FOIA has no fixed statutory deadline for responding to records requests. Agencies must respond within a 'reasonable' time. The AG has recommended agencies respond within 15 business days as best practice.
YES - Delaware citizens only under the statute. However, agencies are encouraged to voluntarily fulfill requests from non-citizens. The law grants rights to 'citizens of the State,' though the practical enforcement of this limitation varies by agency.
How to Submit a Request
Accepted Methods
No specific format required. Requests should describe records with enough specificity for the agency to identify and locate them.
Required Elements
- Description of records requested
- Requester contact information
Optional Elements
- Preferred format (paper vs electronic)
- Statement of Delaware citizenship
Fees
Fees are set per a statutory schedule. Administrative fees for staff time may be charged when the search exceeds one hour. Legal review costs cannot be passed to the requester. Advance payment may be required. Nonprofit organizations may qualify for fee waivers.
Fee Waivers
- Fee waivers available for nonprofit organizations
- Agencies may waive fees at their discretion
Nonprofit organizations may receive fee waivers. Agencies have discretion to waive fees in other circumstances.
Exemptions
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Personnel, medical, or student privacy records (section 10002(o)(1))
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Trade secrets and commercial or financial information obtained from a person which is privileged or confidential (section 10002(o)(2))
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Investigatory files compiled for law enforcement purposes (section 10002(o)(3))
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Criminal records where disclosure would constitute invasion of privacy (section 10002(o)(4))
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Records pertaining to pending or potential litigation (section 10002(o)(9))
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Attorney-client privileged communications
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Inter-agency or intra-agency memoranda or letters reflecting deliberative process
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Records relating to security measures and emergency plans
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Test questions, scoring keys, and related examination data
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Computer security information and data processing records
Exemptions are listed in section 10002(o). Delaware has both mandatory and discretionary exemptions. Agencies bear the burden of proving that an exemption applies. The personnel/medical/student privacy exemption is broadly applied.
Appeal Process
1
File complaint with AG's office for written determination on whether records should be disclosed (section 10005(e))
2
File civil action in Superior Court to compel disclosure
The Attorney General's office provides written determinations on FOIA complaints under section 10005(e). If unsatisfied with the AG determination, the requester may file suit in Superior Court. Court review is de novo.
Request Templates
NFOIC Delaware Sample Request →
National Freedom of Information Coalition
RCFP Open Government Guide - Delaware →
Reporters Committee for Freedom of the Press
MuckRock Delaware Guide →
MuckRock
Records Retention
Del. Code tit. 29, §501–529
The Delaware Public Archives establishes records retention and disposition schedules and assigns an Information Resource Specialist to each state and local government agency. Consent of the State Archivist is required before disposal of any state agency records.