§ 10208 — Confidentiality; Freedom of Information Act

(a) Committee staff shall treat as confidential each record or communication that an entity submits relating to the entity’s focused review or full review, unless any of the following apply:

(1) Disclosure is necessary to enable committee staff to perform staff’s duties under this chapter. Committee staff may disclose a record or communication under this paragraph only to the extent it is necessary to perform staff’s duties.

(2) The entity did not maintain the record or communication as confidential before the review.

(3) The entity agrees in writing that the record or communication may be disclosed.

(b) On receipt of a record or communication that by law is confidential under subsection (a) of this section or privileged, committee staff shall maintain the confidentiality or privilege and may not further disclose or disseminate the information, except as provided under applicable state or federal law.

(c) Each record or communication exchanged between committee staff and an entity under full review or focused review that is exempt from public disclosure under the Freedom of Information Act, Chapter 100 of Title 29 before the exchange remains exempt after the exchange.

Legislative History

84 Del. Laws, c. 66, § 8