Delaware Administrative Code Title 8 - Public Information (FOIA)
Delaware Administrative Code — Title 8: Public Information (FOIA)
Title 8 of the Delaware Administrative Code governs public access to government records and meetings under the Delaware Freedom of Information Act (FOIA). Its purpose is to ensure transparency, accountability, and public participation in government while protecting sensitive information when required by law.
Scope and Purpose
Applies to all public agencies, boards, commissions, and departments in Delaware.
Establishes rules for access to records, public meetings, and government information.
Balances public access with protections for confidential, personal, or sensitive information.
Key Areas Covered
1. Access to Public Records
Public agencies must make records available upon request unless exempted by law.
Records include written documents, emails, maps, photographs, electronic files, and other forms of information.
Agencies must respond to requests in a timely manner and provide copies or reasonable access to inspect records.
Exemptions may include:
Personal privacy information (e.g., social security numbers, personnel files)
Law enforcement investigatory records
Certain legal or proprietary business information
Deliberative or pre-decisional internal communications
2. Requests for Records
Requests can generally be made in writing or electronically.
Agencies may require reasonable identification of the records requested.
Agencies may charge a reasonable fee for copies or staff time to prepare the records.
Denials must be explained in writing, citing the specific exemption that applies.
3. Public Meetings
Government bodies subject to FOIA must conduct meetings openly to allow public observation.
Public notice of meetings must be given in advance, stating date, time, location, and agenda.
Agencies may hold executive sessions (closed meetings) only for specific purposes allowed by law, such as personnel matters, litigation, or contractual negotiations.
Minutes or recordings of meetings must generally be maintained and made available to the public.
4. Procedures for Enforcement
Individuals may challenge denials of public records or meetings through administrative appeal or judicial review.
FOIA complaints are investigated and resolved to ensure agencies comply with transparency requirements.
Agencies may adopt internal procedures to handle FOIA requests consistently.
5. Agency Responsibilities
Designate a FOIA officer to handle public records requests and provide guidance to the public.
Maintain records retention schedules in compliance with state law.
Train staff on FOIA obligations and the proper handling of public information.
Regularly review procedures to ensure timely and complete responses to the public.
6. Public Rights
Any person has the right to inspect, copy, or obtain records from state or local agencies.
Individuals have the right to attend public meetings, except in legally authorized executive sessions.
Agencies must not restrict access unless a valid exemption applies.
Summary
Delaware Administrative Code, Title 8 establishes the rules for open government under FOIA. It ensures that:
Public records are accessible to everyone.
Meetings of government bodies are transparent.
Sensitive information is protected where the law allows.
Citizens have recourse if their right to access information is denied.
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