Delaware General Assembly

Defeated 3/7/24

SS 1 for SB 2 w/ HA 2, HA 6, HA 10, HA 11

3/7/24

Collins

Public trust is the ultimate lynchpin to the public’s acceptance of the permitting system being created by Senate Substitute No. 1 for Senate Bill No. 2. For this new system to work and be trusted and accepted by the public it is absolutely imperative that the public understand and have confidence that their confidential personal information will remain secure and that the system will not be abused by unauthorized personnel or used in an ethically questionable manner to infringe upon their constitutional rights or their individual privacy. This amendment is designed to directly address those concerns and those specific issues. This Amendment exempts the information submitted by the applicant and/or developed by SBI’s investigation from public access under the Freedom of Information Act. This amendment also limits the access to such information and data to authorized personnel by requiring either a valid court order or an Attorney General’s subpoena. This protection ensures that any law enforcement access and/or use will truly be for legitimate law enforcement investigative purposes and eliminates or reduces the possibility of such information being used for political or other nefarious purposes. As an additional safeguard, this amendment punishes the unauthorized possession, use, access, transmission, release or publication of confidential information as a Class F felony.

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