Carol Ellis, Director
Division of Professional Regulation
Department of Administrative Services
Silver Lake Office Plaza
P.O. Box 1401
Dover, DE 19901
Re: Freedom of Information Act Committee on Massage/Bodywork Practitioners
Dear Ms. Ellis:
You have asked whether, and to what extent, the public is permitted access to files of applicants for certification filed with the Committee on Massage/Bodywork Practitioners. For the reasons which follow, we conclude that the general information contained therein is subject to public inspection. An applicant's criminal history statements and records, however, may not be disclosed.
In preparing this opinion, we reviewed the copy of the application you sent with your letter, as well as a copy of the more recent application form, which was previously reviewed by Deputy Attorney General Anne E. Hartnett.
In a prior Attorney General's Opinion dated November 4, 1987, Opinion No. 87-IO31, the Department of Justice concluded that a licensee's files with the Division of Alcoholic Beverage Control was generally subject to public inspection. Nonetheless, that opinion also stated that the criminal record histories contained in those files were not to be disclosed.
The Delaware Freedom of Information Act's provisions are read liberally in favor of disclosure, whenever possible. Substantively, the Act establishes a public right to inspect all public records maintained by public bodies. 29 Del. C.