How to File a Public Records Request in Delaware
Delaware's Freedom of Information Act (FOIA), codified at 29 Del. C. §§ 10001–10008, declares that public business must be performed in an open and public manner so that citizens can observe officials and monitor their decisions. The law guarantees any Delaware citizen the right to inspect and copy public records held by state agencies, counties, municipalities, and most public bodies created by the General Assembly. Public records are broadly defined to include all information of any kind owned, used, or compiled by a public body relating to public business or public purposes. Agencies must respond within 15 business days under § 10003(h), either by producing records, denying access with reasons, or requesting additional time. The burden of proof to justify withholding any record falls on the public body under 29 Del. C. § 10005(c).
The Delaware Freedom of Information Act
- Statutory Citation
- 29 Del. C. §§ 10001–10008 (Title 29, Chapter 100)
- Response Deadline
- 15 business days
- Fee Provisions
- Under 29 Del. C. § 10003(m), the first 20 pages of standard-sized black-and-white copies are free. Copies beyond 20 pages cost $0.10 per single-sided sheet ($0.20 double-sided). Color copies carry an additional $1.00 per standard sheet. Agencies may also charge administrative fees for staff time exceeding one hour — covering tasks like identifying records, monitoring file reviews, and generating computer records — but may not charge for legal review time. Municipal public bodies may adopt their own fee schedules under their local codes.
- Key Exemptions
- Delaware FOIA contains 16 enumerated exemptions under 29 Del. C. § 10002(o). Major categories include: personnel and medical files whose disclosure would invade personal privacy; law enforcement investigatory files compiled for civil or criminal purposes; trade secrets and proprietary commercial information; records involving labor negotiations or collective bargaining; records of General Assembly members and staff; attorney-client privileged communications; records pertaining to pending or potential litigation; and security-sensitive infrastructure records. Courts and agencies must apply exemptions narrowly, with the burden of proof on the public body.
- Appeal Process
- Delaware has no internal administrative appeal process. Under 29 Del. C. § 10005(e), any Delaware citizen may petition the Attorney General's Office to determine whether a FOIA violation has occurred. The AG has 20 business days to issue a written determination. If the AG finds a violation, the citizen may request the AG bring suit or file independently in Superior Court within 60 days of denial under § 10005(b). A prevailing plaintiff may recover attorney fees and costs; attorney fees against the plaintiff may only be awarded if the court finds the action was frivolous or brought solely for harassment.
- Ombudsman
- Delaware does not have a dedicated public records ombudsman. FOIA petition and oversight functions are handled by the Open Government section of the Delaware Department of Justice (Attorney General's Office), reachable at attorneygeneral.delaware.gov/executive/open-government/.
Read the full text of the Delaware Freedom of Information Act
City FOIA Guides in Delaware
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Delaware?
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