Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.

These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.

Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).

These public information or open records laws vary from state to state and are usually located in a state’s statutes.

In Delaware, the primary law governing the access to government records is the Delaware Freedom of Information Act (FOIA), which is similar to the federal FOIA. This act ensures that the public has the right to access public records from state and local government bodies, with certain exceptions. The Delaware FOIA requires government entities to provide access to records upon request, unless the information falls under specific exemptions outlined in the law, such as records pertaining to personal privacy, trade secrets, or ongoing criminal investigations, among others. If a government entity denies a request for records, the decision can be appealed, and the Delaware Attorney General's Office or the courts may review the matter to determine whether the records should be released or if the denial was justified under the law. It is important for requestors to understand that while the Delaware FOIA promotes transparency, it also balances this with the protection of sensitive information and the efficient operation of government.