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Attorney General Matt Denn


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  Archived Posts From: 2008

10001-declarations

08-IB12: RE: Freedom of Information Act Complaint Against Camden-Wyoming Sewer and Water Authority

Written on: September 19th, 2008 in 10001 Declaration of Policy10002(l) (2) Exemptions - Trade Secrets

Complainant alleged Camden-Wyoming Sewer and Water Authority (“CWSWA”) violated FOIA open records requirements by not providing a copy of a “Management Comment Letter from CWSWA’s auditors. CWSA asserts that the document is confidential as requested by the auditors. HELD: The letter would only be exempt from FOIA if it contained commercial or financial information that is privileged or confidential which it does not. A record that meets definition of public record is not entitled to exemption merely because the creator has designated it “confidential.” CWSA violated FOIA by not providing the letter.


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10001-declarations

08-IB11: RE: Freedom of Information Act Complaint Against New Castle County

Written on: September 9th, 2008 in 10001 Declaration of Policy10002(l) (6) Exemptions - Records Exempted Per Statute or Common Law

Complainant alleged NCC violated FOIA open records requirements by not providing unredacted copy of email from private citizen to NCC Chief of Staff. Email copy was provided but name of private of citizen, an informant, was redacted. Complainant asserts NCC should reveal the identity of the informant to add details to the public debate. HELD: NCC not required to release name of informant. DOJ applies a balancing test weighing public’s interest in disclosure against public body’s interest in protecting sources. NCC’s interest in not discouraging citizens from reporting potentially illegal conduct is greater than the interest to release the identity of the informant.


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