Open Records

Delaware’s public records law is the Delaware Freedom of Information Act (FOIA), found at 29 Del. Code §§ 10001-10008. It’s meant to ensure government stays open and accountable – public business should be visible enough that citizens can observe officials and monitor policy decisions.

Who can request records

Delaware’s FOIA statute technically limits requests to Delaware citizens, and no stated purpose is required for a request. In practice, many agencies don’t strictly enforce the citizenship requirement, but be aware the statute’s language does include it.

What’s covered

A “public body” broadly includes any entity or body established by the Delaware General Assembly, or established or appointed by another public body or state governmental entity – with the General Assembly itself specifically exempted from FOIA’s records provisions.

How to request

Requests go to the specific public body’s designated FOIA Coordinator – most state agencies have one, and many offer an online request form or downloadable PDF. Delaware.gov maintains a directory of state agency FOIA coordinators. A recent legislative update (still moving through the General Assembly as of 2026) would let public bodies deny requests judged to be intentionally disruptive or abusive, and would allow charging administrative fees for reviewing and redacting exempt information – worth checking current status since this could affect how agencies respond to complex requests going forward.

Response timeline

Delaware’s FOIA requires a public body to respond as soon as possible, but no later than 15 business days after receiving the request (29 Del. Code § 10003). The response can be providing the records, denying access (with an explanation), or notifying the requester that more time is needed – for example, if the request is voluminous, requires legal review, or the records need to be retrieved from storage or archives.

Fees

– Requests requiring more than 60 minutes of the lowest-paid employee capable of doing the work incur an administrative fee. – Copying costs apply for paper or electronic records beyond a certain volume. – The first 20 pages of standard black-and-white microfilm/microfiche printouts are free; each page after that is $0.15. – Payment of all applicable fees is generally required before the request is fulfilled. – A public body may adopt a policy waiving some or all administrative fees for a particular class of requesters (such as nonprofit organizations), applied uniformly. – If a requester submits multiple requests apparently to avoid triggering fees, the public body may aggregate staff time across those requests when calculating charges.

Exemptions

Common exemptions include personnel, medical, or student files where disclosure would invade personal privacy, and materials tied to closed executive sessions (hiring discussions, disciplinary hearings, litigation strategy, criminal investigations, or preliminary discussions of publicly funded projects).

If your request is denied

Delaware has no formal administrative appeals board. A requester can petition the Delaware Department of Justice for a determination on whether a public body violated or is about to violate FOIA, or pursue the matter through the courts. If a challenge succeeds, the requester may recover attorney’s fees and costs, though Delaware’s FOIA doesn’t impose penalties on the offending agency beyond that.

A note on terminology

Delaware’s law is officially the “Delaware Freedom of Information Act” (FOIA) – the same basic type of law that other states call an “Open Records Act,” or (in South Carolina) “FOIA Laws,” or (in Tennessee) “Public Records Laws.”