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Public Records Laws and Social Media Retention in
Delaware

Delaware Freedom of Information Act and Social Media Records

The Delaware Freedom of Information Act governs the preservation of public records, broadly defined as any information “relating in any way to public business.” The Act generally includes information “regardless of physical form or characteristic” and explicitly electronic information. Therefore, social media records in Delaware qualify as public records under the Law.

Guidance From the Delaware State Attorney General

The Delaware State Attorney General guidelines for the Delaware Freedom of Information Act clarify what constitutes a “public record” under the Act. The document interprets the Delaware FOIA to apply to “almost every conceivable type of physical or electronic record” created, maintained, or possessed by a public body. Therefore, social media records in Delaware qualify as public records.

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Delaware Social Media Records Management in Practice

The Delaware Department of Technology and Information implemented a social media policy highlighting the agency’s commitment to government transparency. While the guidelines cover ethics and confidentiality, the document fails to address social media records in Delaware as being public. A partial social media policy such as this could expose an agency to the risk of FOIA lawsuits and other legal headaches.