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Your Guide to Delaware’s Freedom of Information Act (FOIA)

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Last updated on March 11, 2026

Our Fight for Transparency and Accountability: Your Guide to Delaware’s Freedom of Information Act (FOIA)

Delaware’s Freedom of Information Act (FOIA) is a critical tool for demanding transparency and accountability from our government — a vital part of any well-functioning democracy. Under FOIA, we all have the right to observe the meetings of public bodies and to ask for and receive information and documents in their possession.

Power belongs to the people, and the people will hold power to account.

The ACLU of Delaware frequently uses FOIA to assist in our work — and you can too. Community members have the right to ask questions such as:

1. How state agencies use surveillance software;
2. How many students are enrolled in Multi-Language Learner programs; and
3. How local and state law enforcement use public funds.

This guide will help you better understand Delaware’s FOIA and how to use it, stay up to date with our past and ongoing FOIA cases, and learn more about how you can get involved in the fight for transparency and accountability.

Please note: This guide is not intended to provide legal advice. If your rights have been violated or if you seek additional information, submit a claim.

Learn More About Delaware's FOIA Law Read Delaware’s FOIA statute.
Event | Virtual
March 18 CLE

Restricting Access to the "I" in FOIA

Mar 18, 2026 | 12:00 PM

File a FOIA Request

Submitting a FOIA request is easier than you may think! To get started, follow these simple steps:

Step 1

Ensure the public record or public meeting that you are interested in is available and does not fall within the outlined exemptions.

Step 2

Determine which public body possesses the public records or leads the public meeting you want to access.

Step 3

Gather information to draft your FOIA request. Be as specific as you can, include:

The type of records you’re requesting;
The subject matter of the records or meeting;
Dates and times,
All involved parties (agencies, offices, individuals, etc.);
Any other relevant details (i.e., case numbers).

You may also include information about the format you would like to receive information in, and request clarity regarding any associated fees.

Note that you do not need to know exactly what information you are requesting. FOIA coordinators are required to provide reasonable assistance with identifying records.

Step 4

Submit your FOIA request.

You can submit a FOIA request to any Delaware State Government Agency here.

You may also draft your own letter or download and complete the PDF form. Drop it off at the relevant public body office in person or send it to the public body’s FOIA Coordinator by U.S. mail, e-mail, or fax. Such addresses should be listed on the agency’s website.

To file a FOIA request with a county, municipality, or other public body in Delaware, contact their main office or visit their website for more information. Many public bodies have their own portals for FOIA submissions, and you can always mail a request as well. You may request to speak with the FOIA Coordinator for more information on how to best submit your request.

Step 5

Send your FOIA request!

Delaware public bodies are required to reply within 15 business days.

Step 6

Follow up.

Within one week of sending your request, confirm that the public office has received it and that the public office is processing your request.

Ask if you will be charged and what the fee may be. If desired, ask for a date by which you should receive a response

Step 7

Advocate!

It is your right to share the records you receive.

Complete the Electronic FOIA Form Download the PDF FOIA form.
View a Sample FOIA Letter

Documents

Our FOIA Cases

Learn more about the status of our ongoing FOIA-related cases.

Court Case
Feb 23, 2026
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Delaware School District FOIA Fees

UPDATE: On February 2, 2026, Defendant School Districts filed a motion to dismiss the verified complaint, and on February 23, ACLU-DE filed a response opposing this motion to dismiss.
Court Case
Oct 29, 2025
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ACLU of Delaware v. Dept. of Justice

It is vital to our democracy for Delawareans to be able to easily access public records for public institutions in our state. On April 7, 2025, the ACLU of Delaware submitted a Freedom of Information Act (FOIA) request to the Delaware Department of Justice (DOJ) seeking various records, including invoices the private law firm Saul Ewing charged DOJ for representation as special counsel on two different cases. Even though both cases are currently pending before the same court, DOJ only released records for one case without explaining why they claimed identical records for the second case were subject to a litigation exception. ACLU-DE submitted a second FOIA request to DOJ on May 15, 2025. To this request, DOJ responded that they had "no responsive records," despite the fact that some of the requested records not only exist but were disclosed in prior FOIA requests. DOJ's inadequate and inaccurate responses to FOIA requests impedes the public's access to information they are rightfully entitled to have. As an organization that values government transparency, we will always fight to uphold the spirit of FOIA and the right of the people to be informed.
Court Case
Aug 21, 2025
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Kelly v. Delaware Department of Justice

Court Case
May 02, 2025
"American Civil Liberties Union of Delaware v. Delaware Dept of Corrections" in white text on a gold background

ACLU of Delaware v. Dept. of Corrections

The Delaware Freedom of Information Act (FOIA) is a critical tool to facilitate public awareness and government accountability. Yet many state agencies continue to deny access to the very information FOIA was designed to make more transparent. On January 27, 2025, the ACLU of Delaware filed an appeal with the Superior Court of Delaware following two FOIA request denials from the Delaware Department of Corrections (DOC) related to information on eligible incarcerated voters and elderly incarcerated individuals. In August of 2024, ACLU-DE requested information about the number of incarcerated individuals who may be eligible to vote, the number of elderly individuals incarcerated in Delaware, and the information needed to contact them. The information requested was not confidential, nor did it pose any security risk. DOC's denial of these requests is indicative of a larger pattern of FOIA request denials from state agencies that keep important information out of view of the general public. The request for eligible incarcerated voters aimed to gather the information necessary to provide accessible voter education. The right to vote is a cornerstone of our democracy, and ensuring incarcerated individuals have access to the ballot is critical to upholding it. The request for elderly incarcerated individuals aimed to ensure these individuals are getting the necessary medical care and assistance that comes with aging, as well as gather information on Delaware's use of compassionate release. The recidivism rate of adults over 65 is only 4 percent, yet compassionate release laws are rarely used. We need to rethink the costly practice of keeping these people, who pose little or no risk to public safety, behind bars. We stand firm in the belief that all incarcerated people should never be denied the information, care, or assistance they need and are constitutionally guarenteed. When upheld as intended, FOIA can and should be a powerful tool in helping to ensure the civil rights and liberties of vulnerable populations are protected.