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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  December 2018

18-IB54 12/5/2018 FOIA Opinion Letter to Johann Gaebler re: FOIA Complaint Concerning the Delaware Criminal Justice Information System

Petitioner alleged that DELJIS improperly withheld information from a database. DECIDED: As Petitioner is not a citizen of Delaware, DELJIS properly asserted in the denial that it was not required to fulfill the request.

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18-IB53 12/3/2018 FOIA Opinion Letter to Mr. Courtney French re: FOIA Complaint Concerning the City of Wilmington

Petitioner alleged that several estimated charges for production of the requested records were unreasonable under FOIA. DECIDED: The City provided sufficient evidence that they had complied with FOIA’s requirements to support their final estimated fees.

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18-IB52 11/29/2018 FOIA Opinion Letter to Ms. Andrea Green re: FOIA Complaint Concerning the Department of Natural Resources and Environmental Control

Petitioner alleged that DNREC improperly denied records request for several reasons: 1) the denial was in violation of another Delaware statute; 2) DNREC provided insufficient justification for the denial; and 3) the exemptions for pending or potential litigation and investigatory records did not apply to the requested records. DECIDED: This Office does not have the authority under the FOIA statute to determine whether another statute was violated. DNREC provided sufficient justification for its denial. DNREC appropriately cited the pending litigation exemption because the individual requesting records is a member of the entity that is actively involved in a pending administrate appeal with DNREC.

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18-IB51 11/20/2018 FOIA Opinion Letter to David Carter re: FOIA Complaint Concerning the Department of Natural Resources and Environmental Control

Petitioner alleged that DNREC improperly withheld database records and did not provide sufficient assistance in identifying and locating responsive records. DECIDED: DNREC is not required by FOIA to create a new record to provide the information sought and that DNREC sufficiently provided reasonable assistance to identify and locate the information sought.

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