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  Category: 10002(l) (4) Exemptions – Criminal Files and Criminal Records

Attorney General Kathy Jennings

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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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10-IB13 RE: Appeal from Denial of Freedom of Information Act (FOIA) Records Request

Written on: October 8th, 2010 in 10002(l) (4) Exemptions - Criminal Files and Criminal Records

Complainant asserts that the DOJ violated FOIA open records requirements by not releasing an arrest file. The DOJ denied the request on the grounds that the information is either attorney work product or an investigative file. HELD: “Criminal Files”, which are distinct from “Criminal Records”, are confidential and not subject to release under FOIA.

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95-IB12: Re: Freedom of Information Act Committee on Massage/Bodywork Practitioners

Written on: March 7th, 1995 in 10002(l) (4) Exemptions - Criminal Files and Criminal Records

The Requestor, the Director of the Division of Professional Regulations, sought clarification on which components of applications for licensure should be released under the Freedom of Information Act. Held: Criminal records, including those submitted by the applicants, cannot be released. The rest of a licensure applicant’s application should be provided.

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