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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  May 2019

19-IB27 5/29/2019 FOIA Opinion Letter to Mr. John Wells re: FOIA Complaint Concerning the Delaware Auditor of Accounts

Petitioner alleged that a 2019 report to be provided on a website by the Auditor of Accounts when complete would not be responsive to his request for records because the Petitioner did not believe that this 2019 report would meet certain statutory parameters. The Petitioner’s allegation was based on his review of the 2018 report that the Auditor of Accounts cited.
DECIDED: No FOIA violation was found. The Auditor of Accounts denies having any other responsive records, and this Office does not have the authority to determine whether any law other than FOIA has been violated through the FOIA petition process.

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19-IB26 5/28/2019 FOIA Opinion Letter to Ms. Darya Marchenkova re: FOIA Complaint Concerning the Delaware Department of Correction

Petitioner alleged that the Department of Correction improperly denied her request for information on pre-trial detainees.
DECIDED: No FOIA violation was found. The information requested is exempt from FOIA under 29 Del. C. § 10002(l)(6) which exempts any records prohibited from disclosure by statute. In these circumstances, it was determined that 11 Del. C. § 4322(a) and 11 Del. C. § 8513(d) precluded disclosure of the requested records.

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19-IB25 5/10/2019 FOIA Opinion Letter to Ms. Christina Jedra re: FOIA Complaint Concerning the Delaware Department of Correction

Petitioner challenged the timeliness of the Department of Correction’s response to its FOIA request for certain emails, alleging that DOC’s good faith estimate and cost estimate for completing the request were not provided within fifteen business days.
DECIDED: As Petitioner received a response to her FOIA request since filing the Petition, the Petition’s allegations were determined to be moot.

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19-IB24 4/29/2019 FOIA Opinion Letter to Ms. Christina Jedra re: FOIA Complaint Concerning the Delaware Department of State

This Office was asked to determine whether the Department of State appropriately denied a request for an unredacted copy of video showing an inmate’s death that was previously shown in a public disciplinary hearing of a nurse.
DECIDED: The Department of State’s denial violated FOIA because the privacy rights invoked by the Department are not entitled to protection under 29 Del. C. 10002(l)(6) and 29 Del. C. 10002(l)4).

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