DCJIS eventually agreed to provide the information with the exception identification fields and the names of police, probation, and parole officers. The Superior Court held DCJIS must provide the linking numbers because re-identification is not possible. The Court, however, prohibited release of information related to cases where no convictions were obtained, or geographic information.
The Superior Court held that was improper because those issues were not before the Court. Additionally, the Court held officer information could not be released because it endangers officer safety. That is an incorrect standard because under the FOIA only privacy is an issue, not officer safety.
The Supreme Court reversed judgment denying officer information to apply the proper standard and vacated judgment as to non-conviction and geographic information while approving attorney fees and costs for the News Journal. See: Gannett Co. Inc. v. Board of Managers of The Delaware Criminal Justice Information System, 840 A.2D 1232 (2003).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Gannett Co. Inc. v. Board of Managers of The Delaware Criminal Justice Information System
|Cite||840 A.2D 1232 (2003).|
|Level||State Supreme Court|