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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  November 2017

17-IB58 11/15/2017 FOIA Opinion Letter to Mr. Peter Kostyshyn re: FOIA Complaint Concerning the New Castle County Register of Wills

Petitioner alleged that the New Castle County Register of Wills (Register of Wills) violated FOIA by sending its response to the Petitioner’s FOIA request to his prior prison address, rather than his current prison address, and by failing to provide a timely response. DECIDED: The Register of Wills provided a timely response to the Petitioner’s FOIA request and committed, at most, a technical violation by not sending the response to the most current address as indicated on the request. However, no remediation was recommended, as the record demonstrated that the Petitioner had received the response. To the extent the Petitioner alleged that the Register of Wills violated FOIA by failing to send hard copies of the request records, the opinion noted that FOIA only requires a public body to make records available for inspection and copying, but does not require the public body to send hard copies.

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