Delaware Senate Bill 258 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on June 30 2016 - 100% progression
Action: 2016-06-30 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

The Delaware Freedom of Information Act, 29 Del. C. Ch. 100 ("FOIA") currently exempts from the definition of public record those documents that could jeopardize security of the state, "[f]acilitate the planning of a terrorist attack," or "endanger the life or physical safety of an individual." 29 Del. C. 10002 (l)(17)(a)(2). While the current provision includes "telecommunications network facilities and switching equipment," the provision has not been updated since its adoption in 2002 in response to the September 11, 2001 terrorist attacks, and it may not sufficiently protect the State’s information security systems from FOIA requests that are designed to facilitate a cyber security attack. This legislation adds language that allows the Department of Technology and Information, as well as other public bodies subject to FOIA, to refrain from disclosing information about the underpinnings of our state computer network and systems. This information in the hands of a requestor increases the risk of a cyber attack and may allow a requesting party to obtain confidential data about the State’s citizens (including confidential payroll, medical, academic, and personnel records). This exemption is similar to the existing provisions that exempt the State from withholding blueprint and alarm system data that would allow a burglar to break into a physical building.

An Act To Amend Title 29 Of The Delaware Code Relating To The Freedom Of Information Act.

Sen. Brian Bushweller [D]	Rep. Kimberly Williams [D]	Sen. Margaret Henry [D]	Sen. Gerald Hocker [R]
Sen. Karen Peterson [D]	Sen. Brian Pettyjohn [R]	Sen. Gary Simpson [R]	Rep. Paul Baumbach [D]
Rep. Ruth Briggs King [R]	Rep. Ruth Briggs King [R]	Rep. William Carson [D]	Rep. John Mitchell [D]

2016-06-30 - House - House Third Reading (Y: 38 N: 0 NV: 0 Abs: 3) [PASS]

Date	Chamber	Action
2016-06-30	Senate	Signed by Governor
2016-06-30	House	Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT
2016-06-28	House	Reported Out of Committee (HOUSE ADMINISTRATION) in House with 3 On Its Merits
2016-06-16	House	Introduced and Assigned to House Administration Committee in House
2016-06-15	Senate	Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2016-06-15	Senate	Amendment SA 1 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2016-06-08	Senate	Amendment SA 1 - Introduced and Placed With the Bill in Senate
2016-06-08	Senate	Reported Out of Committee (EXECUTIVE) in Senate with 6 On Its Merits
2016-05-10	Senate	Assigned to Executive Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/71f6f8cd9b6e421885257fa7005312e6?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/SB+258/$file/legis.html?open
Text	http://legis.delaware.gov/LIS/lis148.nsf/EngrossmentsforLookup/SB+258/$file/Engross.html?open
Roll Call	http://legis.delaware.gov/LIS/lis148.nsf/7712cf7cc0e9227a852568470077336f/5d92aa28a060441485257fe30002ecfd?OpenDocument