Supporters call it modernization. But new authority to reject records requests raises questions about government transparency and accountability.

By George D. Rotsch, Delaware LIVE News

DOVER, Del. — A sweeping proposal from State Senate Majority Leader Bryan Townsend to rewrite Delaware’s Freedom of Information Act could expand access to some government records while giving public agencies new authority to reject requests they consider overly broad, burdensome or abusive.

For advocates of open government, the proposal raises a fundamental question: Should government agencies have greater discretion to decide when citizens have asked for too much information?

The legislation, Senate Bill 355, was introduced Oct. 5 by Townsend, D-Newark, with State Rep. Cyndie Romer, D-Newark, as a co-sponsor. It is intended to generate public feedback rather than win immediate legislative approval. Its sponsors anticipate considering revised legislation during the General Assembly’s 2027 session.

The proposal could represent one of the most significant overhauls of Delaware’s public records law in decades.

While the bill includes substantial transparency improvements, provisions allowing agencies to reject certain requests have raised concerns about whether the changes could weaken an important tool for holding government accountable.

Who decides when a request goes too far?

Freedom of information laws exist because citizens cannot effectively oversee government without access to records documenting how public officials conduct business.

Delaware’s existing law generally focuses on whether requested records are public or exempt from disclosure.

The proposed legislation would also establish specific grounds for denying requests based on their scope, the burden they impose or the requester’s conduct.

Under SB 355, public bodies could deny requests determined to be unreasonably broad, unduly burdensome, disruptive to essential government functions or abusive.

The legislation defines an unreasonably broad request as one using sweeping terms without connections to specific records, dates, individuals or subject matter.

An unduly burdensome request would involve an unreasonable volume of records or require an unreasonable commitment of government resources.

Supporters of such restrictions argue that processing extensive or repetitive requests can consume taxpayer-funded staff time and divert resources from essential government services.

The public-accountability concern is that complicated, time-consuming requests are sometimes necessary to uncover waste, misconduct, conflicts of interest or policy failures.

Giving agencies additional grounds to reject such requests could make it more difficult for citizens to obtain information about controversial government decisions.

The legislation includes safeguards. Agencies would have to provide factual explanations for denials, and requesters could challenge those decisions through the Delaware attorney general’s office or the courts.

However, those protections also raise a practical question: How many citizens have the time or resources to challenge a government agency’s refusal to release records?

Why journalists are paying attention

For news organizations, extensive public records requests are often necessary when investigating government spending, personnel decisions, contracting practices, law enforcement activity or public health issues.

A routine request might seek a single document. Investigative reporting can require hundreds or thousands of pages of emails, invoices, reports or other government communications.

Those requests can be burdensome, but they can also reveal information that would otherwise remain outside public view.

One provision deserving particular scrutiny is the proposed definition of an abusive request, which considers patterns of conduct, including previous interactions between the requester and a public body.

That raises concerns about whether frequent requests from journalists, advocacy organizations or citizen watchdogs could eventually become grounds for denying access.

The concern is not necessarily that agencies would reject ordinary requests. Rather, the new authority could make obtaining sensitive or politically uncomfortable information more difficult.

The proposal’s safeguards against arbitrary denials will be particularly important as lawmakers evaluate the legislation.

Transparency gains could be significant

The proposal also contains several reforms intended to improve public access to information.

Among the most significant is the removal of broad public records exemptions covering the University of Delaware and Delaware State University.

The universities would become subject to expanded disclosure requirements, although exemptions would remain for certain confidential educational, research, fundraising and donor records.

The legislation would also narrow the broad exemption covering investigatory files compiled for civil or law enforcement purposes. Agencies would have to identify specific harms that could result from disclosure rather than automatically withholding records under the existing exemption.

Other changes include reducing the deadline for an initial agency response from 15 business days to 10 and extending FOIA eligibility to people who do not live in Delaware.

The proposal also addresses fees associated with processing records requests, including exemptions for certain news media, scholarly and scientific research requests.

Those changes could significantly improve transparency in areas where Delaware’s public records law has historically limited disclosure.

Balancing government efficiency with public oversight

The debate ultimately centers on how to balance the legitimate cost of complying with public records requests against the public’s right to scrutinize government.

Townsend’s proposal recognizes that processing large volumes of records can create substantial administrative burdens. The legislation attempts to establish standards for identifying requests that go beyond reasonable public oversight.

But those same standards could create opportunities for disagreement over what constitutes an unreasonable request.

From a limited-government perspective, the question is whether agencies responsible for producing public records should also have expanded authority to determine when requests for those records become excessive.

The bill’s provisions for written explanations and independent review are important protections, but their effectiveness would depend on how agencies apply the new standards.

Why it matters to Delawareans

Public records laws are often discussed as legal and administrative issues, but they affect anyone seeking answers about government decisions.

FOIA requests can help citizens examine school district spending, local government contracts, police department policies, public employee conduct and the use of taxpayer dollars.

When access becomes more difficult, residents may lose opportunities to identify problems or challenge decisions affecting their communities.

Conversely, clearer disclosure requirements and broader access to previously exempt records could strengthen public oversight.

As lawmakers consider the future of Delaware’s FOIA law, the central issue will be whether the proposed changes expand meaningful public access without giving government agencies excessive discretion to deny requests.

For citizens and journalists alike, the ultimate measure of reform will not simply be how quickly agencies respond, but whether the public can obtain the information necessary to hold government accountable.

TO GO

• What: Senate Bill 355 proposes a major rewrite of Delaware’s Freedom of Information Act.
• Sponsors: State Sen. Bryan Townsend and state Rep. Cyndie Romer, both Newark Democrats.
• Status: Introduced Oct. 5, 2026, to solicit public feedback ahead of potential revised legislation in 2027.
• Supporters’ argument: The proposal modernizes FOIA, expands access to previously exempt records, shortens response deadlines and establishes safeguards against abusive or excessively burdensome requests.
• Accountability concern: New authority to deny broad, burdensome or abusive requests could make it harder for journalists and citizens to investigate government operations.
• Why it matters: FOIA is a primary tool Delawareans use to examine government spending, decisions and accountability.
• More information: Delaware General Assembly, Senate Bill 355.