John D. Modica, Director
Division of Employment and Training
February 13, 1995
Page Two

privacy statement is stamped on each of the Department of Labor's apprenticeship agreements. Citing Privacy Act of 1974-P.L. 93-579, it says that the information may not be disclosed "without the express permission of the undersigned apprentice." At first glance, it appears that 19 Del. C. § 10002(d)(6) applies. However, the Privacy Act of 1974 does not necessarily govern state agencies.

Because the Division of Employment and Training receives federal funds for some of its programs, the federal government can issue certain requirements. If the federal government can issue certain requirements. If the federal government required that apprenticeship agreements be confidential, then 29 Del. C.§ 10002(d)(6) would apply. The United States Department of Labor notified this office that it is "unaware of any legal requirement for this stamp to be on any State apprenticeship agreement." (Copy attached). Therefore, we conclude that 29 Del. C.§ 10002(d)(6) does not apply to apprenticeship agreements. For purposes of FOIA, public records do not include:

29 Del. C.§ 10002(d)(1). This exception to the definition of "public record" is "intended for the protection of personal

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