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Attorney General Kathy Jennings

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  Archived Posts From: 2014


14-IB04 07/18/14 FOIA Opinion Letter to Mr. Myers re: FOIA Complaint Concerning the Department of Technology and Information

Written on: July 18th, 2014 in 10001 Declaration of Policy10002(l) (1) Exemptions - Personnel10002(l) (2) Exemptions - Trade Secrets10002(l) (3) Exemptions - Investigatory Files10002(l) (4) Exemptions - Criminal Files and Criminal Records10002(l) (6) Exemptions - Records Exempted Per Statute or Common Law10002(l) (9) Exemptions - Pending or Potential Litigation

The Complainant alleged the Department of Technology and Information (“DTI”) improperly withheld information regarding assessments for the Delaware Broadband Fund (the “Fund”). DTI withheld the assessments of three carriers at their request because the carriers alleged the assessments constituted “trade secrets” or “commercial financial information” that would constitute a threat to their respective competitive positions. Held: information withheld should have been produced. There was no apparent threat of competitive harm, given the voluntary release of assessment information to the Complainant by dozens of competitors.

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