Can I get copies of my own Delaware 911 calls through a county FOIA request?

Plain-English summary

A requester asked New Castle County for records of 911 calls he made about a stop sign in 2025 and 2026. He wanted the calls disclosed to help improve road safety. The county refused under Delaware's statute protecting 911 calls, and submitted a sworn statement from an emergency communications official that the records fell within that statute and no limited-release provision applied to the requester's circumstances.

The Attorney General agreed that the county had met its burden under FOIA. The cited statute makes 911 call text and audio recordings confidential and exempts 911 calls and information furnished during the call or investigative process from FOIA. The opinion identifies limited release routes, including a court order and disclosure to emergency responders or criminal justice agencies for specified purposes. It does not decide whether this requester could obtain the calls by some other route.

What this means for you

People seeking their 911 call records

This opinion treated even the caller's request for his own calls as subject to the statutory FOIA exemption. The stated road safety purpose did not change the outcome on the facts the county presented.

County emergency communications and FOIA staff

The county supported its denial with a sworn statement identifying the records as 911 call information and addressing the statute's limited release provisions. The AG relied on that showing to conclude that the withholding was proper.

Common questions

Q: Does having made the 911 call entitle me to its recording under FOIA? A: The AG found no FOIA entitlement for the caller in this petition. The requested call records were confidential under the cited Delaware statute.

Q: Are there any routes for release of 911 information? A: The opinion notes limited statutory releases, including a court order and specified disclosures to emergency responders and criminal justice agencies. It found no exception applicable to this request.

Q: Did the AG decide whether the stop sign was safe?
A: No. The decision addresses disclosure of call records, not the road safety issue that prompted the calls.

Background and statutory framework

29 Del. C. § 10002(o)(6) removes records protected from disclosure by another statute or common law from FOIA's public-record definition. The county invoked § 10010(c) of Title 16, which expressly protects 911 call recordings and information supplied in the call or investigative process. On the county's sworn evidence, the AG found that the records requested here were exempt and that withholding them did not violate FOIA.

Citations and references

• 29 Del. C. § 10002(o)(6): statutory confidentiality exclusion from FOIA.
• 16 Del. C. § 10010(c): confidentiality of 911 calls and call information.

Source

• Landing page: https://attorneygeneral.delaware.gov/2026/10/12/26-ib60-10-12-26-foia-opinion-letter-to-samuel-larkin-re-new-castle-county/
• Original PDF: https://attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2026/10/Attorney-General-Opinion-No.-26-IB60.pdf

Original opinion text

DEPARTMENT OF JUSTICE

KATHLEEN JENNINGS

820 NORTH FRENCH STREET
WILMINGTON, DELAWARE 19801

ATTORNEY GENERAL

CIVIL DIVISION: (302) 577-8400
CRIMINAL DIVISION: (302) 577-8500
FAMILY DIVISION: (302) 577-8400
FRAUD DIVISION: (302) 577-8600
DIVISION OF CIVIL RIGHTS & PUBLIC TRUST: (302) 577-5400
FAX: (302) 577-2610

Office of the Attorney General of the State of Delaware
Attorney General Opinion No. 26-IB60
October 12, 2026

Via Email
Samuel Larkin
[email protected]

RE:

FOIA Petition Regarding New Castle County

Dear Samuel Larkin:
We write in response to your correspondence alleging that New Castle County violated Delaware’s Freedom of Information Act, 29 Del. C. §§ 10001-10008 (“FOIA”). We treat your correspondence as a Petition for a determination pursuant to 29 Del. C. § 10005 of whether a violation of FOIA has occurred or is about to occur. For the reasons set forth below, we determine that the County did not violate FOIA by failing to produce the requested records.

Background
On September 7, 2026, you submitted a FOIA request to New Castle County seeking the phone records related to 911 calls you made in connection with a certain stop sign in 2025 and 2026. The County denied your request, citing 29 Del. C. § 10002(o)(6), which exempts records that are excluded from public disclosure by statute or common law and the relevant statutory prohibition in 16 Del. C. § 10010. This Petition followed, challenging this decision and requesting disclosure of these call records to help improve road safety. The County, through its legal counsel, replied to the Petition (“Response”). The County argues its response was appropriate and points out the recently enacted legislation specifically addressing the confidentiality of 911 calls. The County included an affidavit from the Assistant Chief of the County’s Emergency Communications Division, who attested that the requested 911 call information is confidential under 29 Del. C. § 10002(o)(6) and 16 Del. C. § 10010 and that your circumstances do not meet any of the exceptions in the statute providing for limited release.

1

Discussion
Delaware’s FOIA law “was enacted to ensure governmental accountability by providing Delaware’s citizens access to open meetings and meeting records of governmental or public bodies, as well as access to the public records of those entities.” 1 FOIA requires that citizens be provided reasonable access to and reasonable facilities for the copying of public records. 2 The public body has the burden of proof to justify its denial of access to records. 3 In certain circumstances, a sworn affidavit may be required to meet that burden. 4 Under 29 Del. C. § 10002(o)(6), records exempted from public disclosure by statute or common law are not “public records.” In this case, the County cites a recently enacted statute specifically addressing 911 calls. The County’s affidavit affirms that the requested 911 call records fall under this statutory prohibition. This statute states that “[t]ext and audio recordings of 911 calls are confidential and may not be disclosed except as provided in this subsection,” and “[a]ll 911 calls and information furnished in the call or investigative process are confidential and are exempt from the Delaware Freedom of Information Act, Chapter 100 of Title 29.” 5 The statute also lists instances in which the Delaware Department of Safety and Homeland Security or a public safety answering point may release call information, such as through a court order, to emergency responders for purposes of processing calls and providing emergency services, and to criminal justice agencies for purposes of administrating criminal justice related to a 911 call. We determine that the requested call records are exempt, and the County has met its burden of demonstrating the withholding of these records is appropriate under FOIA.

Conclusion
For the foregoing reasons, we conclude that the County did not violate FOIA by failing to produce the requested records.

Very truly yours,
/s/ Dorey L. Cole
________
Dorey L. Cole
Deputy Attorney General
1

Judicial Watch, Inc. v. Univ. of Del., 267 A.3d 996, 1004 (Del. 2021).

2

29 Del. C. § 10003(a).

3

29 Del. C. § 10005(c).

4

Judicial Watch, Inc., 267 A.3d at 1008-1012.

5

16 Del. C. § 10010(c).
2

Approved:
/s/ Patricia A. Davis
________
Patricia A. Davis
State Solicitor

cc:

Colleen K. Norris, Assistant County Attorney

3