|Submitted||Sept. 21, 2018|
|Due||Oct. 15, 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”):
A current snapshot of the Microsoft Access or Microsoft SQL database(s) (“the database”) forming the backend of the Delaware Criminal Justice Information System’s (“DelJIS”) Online Wanted Person Review (“OWPR”; url: https://pubsrv.deljis.delaware.gov/WantedPublic/).
First, the database both exists and is a specific record. It is the database(s) which receive(s) search queries entered at https://pubsrv.deljis.delaware.gov/WantedPublic/, and which provide(s) the results displayed at https://pubsrv.deljis.delaware.gov/WantedPublic/searchResults.aspx. Please note that I am requesting a snapshot of the database, current as of DelJIS’s response to this request, not a previous version of the database. Additionally, there is no basis for restricting access to records on the basis that they are not “static.” FOIA includes no such exception. Indeed:
"'Public record' is *information of any kind,* owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, *regardless of the physical form or characteristic by which such information is stored, recorded or reproduced.*" 29 Del. C. §10002(h); emphasis mine.
The right under FOIA to access current versions of public records which may be updated or revised in the future—such as call logs (Del. Opinion of the Att’y Gen. 18-IB02), calendars (17-IB44), and “real-time” spreadsheets inventorying equipment belonging to state agencies (17-IB61)—has repeatedly been recognized.
Second, the database is public. It is published online by DelJIS and entries in the database, 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.
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.
Please be advised that Mr. Earl McCloskey at Earl.McCloskey@state.de.us<mailto:Earl.McCloskey@state.de.us> is the Executive Director and FOIA Coordinator for DELJIS (Delaware Criminal Justice Information System). As such, all requests should be directed to him. I have forwarded this request to him for processing. Please update your files. If you need additional assistance, please feel free to contact DELJIS. Thank you.
802 Silver Lake Blvd Suite 101
Dover, DE 19904
302-739-4856 (main #)
302-739-6285 (fax #)
302-270-4442 (cell #)
SLC D 530-A
To Whom It May Concern:
I wanted to follow up on the following Delaware Freedom of Information Act request, copied below, and originally submitted on Sept. 21, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.