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Delaware Department of Justice
Attorney General
Kathy Jennings




 Archived Posts From:  October 2022

22-IB40 10/19/2022 FOIA Opinion Letter to Scott Becker re: FOIA Complaint Concerning the Delaware Department of Safety and Homeland Security

Petitioner alleged that the Department of Safety and Homeland Security (“DSHS”) failed to respond to a FOIA request.

DECIDED: The DSHS violated FOIA by not responding to a request in accordance with the FOIA statute.

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22-IB39 10/17/2022 FOIA Opinion Letter to Hannah Edelman re: FOIA Complaint Concerning the Delaware Department of Correction

Petitioner alleged that the response of the Department of Correction (“DOC”) was improper for failing to provide the information in the requested format.

DECIDED: The DOC violated FOIA, as the DOC failed to meet its burden of justifying the denial of access to the requested record.

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22-IB38 10/17/2022 FOIA Opinion Letter to Karl Baker re: FOIA Complaint Concerning the Delaware Department of Insurance

Petitioner alleged that the Department of Insurance employed a bad-faith delaying tactic to respond to the FOIA request with subsequent time reassessments of thirty business days.

DECIDED: The Department demonstrated that its need for additional time to respond to the request was appropriate under the statute and that no violation of FOIA occurred with respect to the Department’s estimations of when a response would be complete.

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22-IB37 10/11/2022 FOIA Opinion Letter to Thaddeus J. Weaver re: FOIA Complaint Concerning the Office of the Governor

Petitioner alleged that the Office of the Governor (“OGov”) improperly denied the request for records related to a project to construct a container port in New Castle County.

DECIDED: OGov did not violate FOIA by denying access to the requested records by invoking the pending litigation exemption.

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