Delaware AG: Commission Must Release Database to Newspaper

By: E&P Staff The Delaware Public Integrity Commission has been ordered by the state Attorney General?s Office to turn over a copied database to The News Journal of Wilmington, Del., the Journal reported today.

The Commission had previously turned down the Journal?s Freedom of Information Act request for a copy of its database, which the Journal wanted to analyze in order to assess financial disclosure forms from lobbyists and state officials. The argument for denial of access was that many of the records had been available either physically or online, and that the database was therefore not needed, the Journal reported.

The commission also argued that the disclosure of the database would pose a risk of identity theft, in the event that officials? names and banking institutions should be published on the Journal?s Web site.

Deputy Attorney General W. Michael Tupman stated in his ruling that the commission had violated Delaware?s public records law:

?We believe that under Delaware FOIA an existing electronic database is a public record separate and distinct from the underlying records used to compile the database. Under FOIA, a public body cannot respond to a request for information in electronic form by supplying paper records that contain the same information.?

Tupman addressed the concerns about identity theft by allowing the commission to withhold the personal information of lobbyists, but not the names of the banks, mutual funds, and stock holdings.

David Ledford, the executive editor of the Journal, said in the paper?s article that the ruling was ?an important victory for the citizens of Delaware.

?The state's Public Integrity Commission was established to ensure that state government is accountable to the citizenry it serves. It's reassuring that the commission will not be permitted to hide behind a wall of secrecy.?

The Delaware Public Integrity Commission is an independent organization of seven people who are appointed by the governor to maintain the code of ethics for state employees and investigate any violations.