Delaware Administrative Code
Title 8 - Public Information (FOIA)
EXECUTIVE DEPARTMENT
Delaware Economic Development Office
1500 - Policies and Procedures Regarding FOIA Requests
Section 1500-6.0 - Requests for Confidentiality

Universal Citation: 8 DE Admin Code 1500-6.0

Current through Register Vol. 28, No. 3, September 1, 2024

6.1 A person or entity may request that certain documents or portions of documents submitted to the Agency be held confidential. Certain information may be determined to be confidential if its disclosure could potentially cause substantial harm to the competitive position of the person or entity from whom the information was obtained, and such information is the type of information that the person or entity does not customarily disclose to the public.

6.2 The following section sets forth procedures and criteria by which the Agency will determine the confidentiality of documents or portions of documents within its custody.

6.2.1 Procedure.
6.2.1.1 All requests by persons or entities that certain information provided to the Agency be determined to be confidential shall be made in writing to the Secretary and signed by an officer or other such authorized party to make the request.

6.2.1.2 All such requests should be submitted with a public version of the entire package of information that is submitted for determination, with the alleged confidential information redacted. (This version will be made available for public review.) The public version shall correspond page for page with the confidential version, with the confidential portions having been redacted. A confidential version of the entire package of information should also be submitted for determination which includes the alleged confidential information. This version will be marked in the Agency file as confidential and will be used for Agency review only.

6.2.1.3 All such requests should identify the information sought to be protected, and the basis upon which it would be considered to be "[t]rade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature" pursuant to 29 Del.C. § 10002 (g)(2).

6.2.1.4 All such requests should contain the following information, where applicable:
6.2.1.4.1 The extent to which such information has been disclosed to others, including, but not limited to, banks, financial institutions, or other entities, and the precautions taken in connection therewith.

6.2.1.4.2 The extent to which such information is reasonably obtainable by other persons (other than governmental bodies) by use of legitimate means (other than court enforced order) without prior consent;

6.2.1.4.3 The extent to which the release of such information would result in substantial harmful effects upon the requesting party's financial or competitive position; and

6.2.1.4.4 The extent to which the release of such information is barred by statute or law.

6.3 Determination by Director: The Director will make a determination as to whether the information shall be considered public or confidential based upon a review of the submission pursuant to this section, and make findings consistent with 29 Del.C. Ch. 100.

6.4 If the Director makes a determination that certain information is entitled to confidential treatment, and the Agency is sued by a requestor for disclosure of that information, the Agency shall defend such determination of confidentiality, but expect the affected party to cooperate to the fullest extent possible in such defense.

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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