23-IB31 11/13/2023 FOIA Opinion Letter to Ian Riden re: FOIA Complaint Concerning the Delaware Health Information Network
Petitioner alleged that the Delaware Health Information Network (“DHIN”) improperly denied its request for records based on citizenship.
DECIDED: As DHIN does not require public bodies to provide noncitizens with access to public records, DHIN did not violate FOIA by denying access to the requested records.
Read More23-IB30 11/08/2023 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Delaware Department of Health and Social Services
Petitioner alleged that the Delaware Department of Health and Social Services (“DHSS”) provided only some redacted pages in response to the request for certain employment records and claimed all other records were exempt. Petitioner further alleged that the requested records were inappropriately denied under the right of privacy.
DECIDED: The DHSS violated FOIA by failing to meet its burden of demonstrating that it appropriately searched for responsive records and by denying access to the employee’s attendance and leave records. The DHSS did not violate FOIA by denying access to the performance and discipline records under the personnel file exemption or by its assertion of Section 10002(o)(6) without elaboration in its denial letter.
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