As an initial matter, FOIA provides for access to public records for citizens of the state of Delaware. Accordingly, because you do not appear to be a Delaware citizen, you do not have a guaranteed right under FOIA to access State of Delaware public records. See Del. Op. Att'y Gen. 16-IB20 (2016) (finding that the denial of a FOIA request by a non- Delaware citizen was not a violation of FOIA because the word "citizen,' as used in Section 10003(a), refers to citizens of the State of Delaware."). As the right to access documents pursuant to FOIA is not guaranteed for non-Delaware citizens, DelDOT is denying your request. Moreover, even if the above exemption did not apply, DelDOT is unable to produce the records you requested under FOIA as the information is not maintained by DelDOT in a readily accessible format that can be accessed without writing a program or creating a new document, nor is the information requested tracked in the manner specified. FOIA does not require an agency to create a document or program that does not already exist. See Del. Op. Att'y Gen. 06-1B17 (Aug. 21, 2006) (finding that FOIA does not require an agency to develop a program or create a new record to comply with a FOIA request).
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