2025 Delaware Code
Title 29 - State Government
Chapter 90E. Office of Inspector General
§ 9008E. Confidentiality.
(a) All investigative records, including communications that include the investigative record, are confidential and are exempt from public disclosure under the Freedom of Information Act, Chapter 100 of this title.
(b) (1) The Inspector General shall treat all matters under investigation as confidential and may not further disclose or disseminate information except as necessary to act under subsection (d) of this section.
(2) The Inspector General shall maintain as confidential the identity of all of the following:
a. A person who files a complaint.
b. A person who provides information regarding an investigation.
c. An employee whose conduct was in compliance with an agency or contractor's policies and procedures at the time of the conduct, if the employee was not responsible for establishing that policy or procedure.
(c) If the Inspector General receives information that is confidential or privileged under other law, the Inspector General shall maintain the confidentiality of the information and may not further disclose or disseminate the information except as necessary to act under subsection (d) of this section.
(d) The Inspector General may reveal information obtained in the course of an investigation to the extent the Inspector General reasonably believes necessary to do any of the following:
(1) Prevent reasonably certain death or substantial bodily harm.
(2) Prevent the commission of a crime.
(3) Report an alleged commission of a crime to the appropriate law-enforcement agency.
(4) Perform the duties of the Inspector General, including to do any of the following:
a. Collaborate with agencies under § 9005E(b) of this title.
b. Contract for services of technical experts under § 9003E(e) of this title.
c. Support the decision and any recommendations resulting from an investigation under § 9006E of this title.
d. File a civil action under § 9006E(j) of this title.
(5) Comply with a court order or subpoena.
(e) The Inspector General shall establish confidentiality rules and procedures for all information maintained by the Office.
85 Del. Laws, c. 138, § 1;
