Delaware Public Record Laws

Website & Social Media Archiving for Delaware State Agencies

The Delaware Freedom of Information Act determines the preservation of public records in the state of Delaware. The Act stresses the importance of retaining information “regardless of physical form or characteristic”.

Delaware defines a public record, and electronic record as the following:

§ 502. Definitions

(4) “Electronic record” means a public record that is stored, generated, received or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another.

(7) “Public record” means any document, book, photographic image, electronic data recording, paper, sound recording or other material regardless of physical form or characteristics, including electronic records created or maintained in electronic information systems, made, used, produced, composed, drafted or otherwise compiled or collected or received in connection with the transaction of public business or in any way related to public purposes by any officer or employee of this State or any political subdivision thereof

The Delaware State Attorney General Guidelines were released to give agencies further guidance. It makes note that the FOIA applies to “almost every conceivable type of physical or electronic record” created, maintained or possessed by a public body.