§ 934 — Confidentiality of records related to investigations and reviews

(a) The records of the Commission or the Commission’s committees, panels, staff, contractors, or volunteers, including original documents and documents produced in the investigation and review process with regard to the facts and circumstances of each death, near death or suspected human trafficking of a child, are confidential and may not be released to any person except as expressly provided by this subchapter. Such records may be used by the Commission or the Commission’s committees, panels, staff, contractors, or volunteers, only in the exercise of the proper functions of the Commission and its staff. Such records, together with the summary information, findings, and recommendations therefrom are not public records, are not available for Court subpoena or subject to discovery, are not admissible into evidence or otherwise in any civil, criminal, administrative, or judicial proceeding, and are not considered binding under claim or issue preclusion doctrines. Except where constitutional provisions require otherwise, statements, records, or information are not subject to any statute or rule that would require those statements, records, or information to be disclosed in the course of a civil, criminal, or administrative trial, or associated discovery. Aggregate statistical data compiled by the Commission or its staff, however, may be released at the discretion of the Commission or its staff.

(b) No person in attendance at a meeting of the Commission, or any of its committees or panels, is required to testify as to what transpired at such meeting in any forum including any civil, criminal, administrative, or judicial proceeding.

Legislative History

80 Del. Laws, c. 187, § 9 ; 81 Del. Laws, c. 143, § 4 ; 85 Del. Laws, c. 128, § 11