|Submitted||Sept. 4, 2018|
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Dear FOIA Coordinator Earl McCloskey:
I am writing to request the following electronic records, pursuant to the Delaware Freedom of Information Act § 100001 et seq. (“FOIA”):
Database entries from the Delaware Criminal Justice Information System’s (“DelJIS”) Online Wanted Person Review available during June, 2018 (06/01/2018--06/30/2018).
These records are published online by DelJIS and while active may be reviewed by anyone with an internet connection. They are not investigatory in nature, and do not concern “pending investigative files, pretrial and presentence investigations and child custody and adoption files where there is no criminal complaint at issue.” 29 Del. C. §10002(l)(3). Moreover, their contents do not constitute “criminal history record information.” See 11 Del. C. §8502(4)(a). (“Nor shall the term include information contained in … [p]osters, announcements or lists for identifying or apprehending fugitives or wanted persons.”) Consequently, they are subject to disclosure under FOIA.
To reduce your burden as much as possible, maintain accuracy, and prevent reporting errors, I am only seeking electronic records. I can accept the data in many common formats, such as comma separated (.csv), spreadsheet (e.g., .xls), or other database formats.
This request is not being made for commercial purposes. The information requested is for academic and journalistic research and its release is in the public interest. I am requesting similar data from cities and states across the country. My analysis of the data will be used to inform the public and the community. If fees are not waived, please inform me in advance if charges will exceed $50 and the reason for any estimated costs.
Thank you very much for your time. I appreciate your assistance.
I look forward to receiving your response to this request within 15 business days, as the statute requires.
The request has been rejected by the agency.