TITLE 2.2 ADMINISTRATION OF GOVERNMENT
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 4. SECRETARY
OF THE COMMONWEALTH; ARTICLE 1. GENERAL PROVISIONS
§ 2.2-406(B). Secretary of Commonwealth to report list of interim appointments
requiring confirmation; other appointments
“B. The Secretary of the Commonwealth shall report to the General Assembly
by December 1 of each year, the number of persons appointed to any state board,
commission, agency or authority, categorized by race, gender and national origin.
Information on the race, gender and national origin of appointees shall be obtained
through voluntary self-identification following appointment. Such information
shall be used solely for the purpose of compiling the statistical information
required under this section and any personally identifiable information collected
under this section shall be confidential and shall be exempt from disclosure
under the Freedom of Information Act (§ 2.2-3700 et seq.).”
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 7. DEPARTMENT
FOR THE AGING; ARTICLE 1. GENERAL PROVISIONS
§ 2.2-706. Confidentiality of records of Office of the State Long-Term Care
Ombudsman
“All documentary and other evidence received or maintained by the Department
or its agents in connection with specific complaints or investigations under
any program of the Office of the State Long-Term Care Ombudsman conducted by
or under the Commissioner of that Department shall be confidential and not subject
to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except
that such information may be released on a confidential basis in compliance with
regulations adopted by the Department and consistent with provisions of subdivision
4 of § 2.2-601 and with the requirements of the Older Americans Act (42
U.S.C. § 3001 et seq.).
The Commissioner of the Department shall release information concerning completed investigations of complaints made under the programs of the Office of the State Long-Term Care Ombudsman, but shall in no event release the identity of any complainant or resident of a long-term care facility unless (i) the complainant or resident or his legal representative consents in writing to disclosure, or (ii) disclosure is required by court order. The Commissioner of the Department shall establish procedures to notify long-term care facilities of the nature of complaints and their findings.
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 12. DEPARTMENT
OF HUMAN RESOURCE MANAGEMENT
§ 2.2-1203. Certain information not to be made public
“Notwithstanding the provisions of the Freedom of Information Act (§ 2.2-3700
et seq.), the Department shall not disclose lists of home addresses of state
employees except in accordance with regulations adopted by the Department pursuant
to the Administrative Process Act (§ 2.2-4000 et seq.).”
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 22. AUTHORITIES.
ARTICLE 3. INNOVATIVE TECHNOLOGY AUTHORITY ACT
§ 2.2-2232. Auxiliaries
“A. The Governor may provide for the formation of a nonstock corporation
to carry out the purpose of this article. The board of directors of the nonstock
corporation shall consist of the fifteen members of the Board of the Authority.
The articles of incorporation of the nonstock corporation shall provide that
upon dissolution the net assets of the corporation shall be transferred to the
Commonwealth. The nonstock corporation shall ensure that the economic benefits
attributable to the income and property rights arising from any transactions
in which the nonstock corporation is involved are allocated on a basis that is
equitable in the reasonable business judgment of the board of directors, with
due account being given to the interest of the citizens of the Commonwealth and
the needs of the nonstock corporation. Any such nonstock corporation shall not
be deemed to be a state or governmental agency, advisory agency, public body
or agency or instrumentality for purposes of Chapters 8 (§ 2.2-800 et seq.),
18 (§ 2.2-1800 et seq.), 24 (§ 2.2-2400 et seq.), 29 (§ 2.2-2900
et seq.), 31 (§ 2.2-3100 et seq.), 37 (§ 2.2-3700 et seq.), 38 (§ 2.2-3800
et seq.), 43 (§ 2.2-4300 et seq.), 44 (§ 2.2-4400 et seq.), 45 (§ 2.2-4500
et seq.), 46 (§ 2.2-4600 et seq.), and 47 (§ 2.2-4700 et seq.) of this
title, Chapter 14 (§ 30-130 et seq.) of Title 30 or Chapter 1 (§ 51.1-124.1
et seq.) of Title 51.1. No director, officer or employee of any such nonstock
corporation or entity be shall deemed to be an officer or employee for purposes
of Chapter 31 (§ 2.2-3100 et seq.) of this title. Notwithstanding the foregoing,
the Auditor of Public Accounts, or his legally authorized representatives, shall
annually audit the financial accounts of the Authority and any such nonstock
corporation entity, provided that the working papers and files of the Auditor
of Public Accounts relating to such audits shall not be subject to the provisions
of The Freedom of Information Act (§ 2.2-3700 et seq.).
B. Notwithstanding the provisions of subsection A, as an entity receiving state funds, any such nonstock corporation shall be subject to periodic external review either (i) under the provisions of the Legislative Program Review and Evaluation Act (§ 30-64 et seq.) or (ii) by an entity appointed for that purpose by the Governor. Any such nonstock corporation shall be deemed to be an institution of higher education within the meaning of §§ 23-3.1 and 23-9.2, but only for the limited purposes therein stated. “
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 24. BOARDS. ARTICLE
16. VIRGINIA ADVANCED SHIPBUILDING AND CARRIER INTEGRATION BOARD
§ 2.2-2445. Administration of grant program; exemption from Freedom of Information
Act
“The Virginia Economic Development Partnership shall be authorized to create
a nonstock nonprofit corporation to receive the grant funds and oversee the administration
of the grant program provided for by § 2.2-2444. The Board of Directors
of the corporation shall be appointed by the Governor and shall consist of nine
members as follows: (i) the Secretary of Commerce and Trade; (ii) the Secretary
of Finance; (iii) one member representing the shipbuilding industry; (iv) one
member representing industries that supply critical systems components to aircraft
carriers; (v) two representatives of Virginia’s institutions of higher education;
(vi) two representatives to be designated by the Qualified Shipbuilder; and (vii)
one citizen member who shall have had substantial U.S. Navy experience aboard
an aircraft carrier. The Board of Directors will oversee the utilization of state
funding for training and research and development and monitor the general implementation
of the Memorandum of Agreement as it relates to operations grant funding until
all such funds have been expended, at which time such corporation shall cease
to exist. The records, meetings and activities of the corporation, its Board
members, and employees that are deemed confidential, proprietary, or are classified
by the federal government shall be exempt from disclosure under the Virginia
Freedom of Information Act (§ 2.2-3700 et seq.). The members of the Board
of Directors shall also serve as the members of the Virginia Advanced Shipbuilding
and Carrier Integration Center Board.
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 26. COUNCILS.
ARTICLE 25. VIRGINIA WORKFORCE COUNCIL
§ 2.2-2673. Trade secrets
“Trade secrets that a nonpublic body submits as an offeror in connection
with a proposed workforce training program shall not be subject to disclosure
under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However,
such offeror shall (i) invoke the protections of this section prior to or upon
submission of the data or other materials, (ii) identify the data or other materials
to be protected, and (iii) state the reasons why protection is necessary.”
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 31. STATE AND
LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT; ARTICLE 5. DISCLOSURE
STATEMENTS REQUIRED TO BE FILED
§ 2.2-3118(C). Disclosure form; certain citizen members
“C. Except for real estate located within the county, city or town in which
the officer or employee serves or a county, city or town contiguous to the county,
city or town in which the officer or employee serves, officers and employees
of local governmental or advisory agencies shall not be required to disclose
under Part I of the form any other interests in real estate.”
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 38. GOVERNMENT
DATA COLLECTION AND DISSEMINATION PRACTICES ACT
§ 2.2-3806(C) Rights of data subjects
“Neither any provision of this chapter nor any provision of the Freedom
of Information Act (§ 2.2-3700 et seq.) shall be construed to deny public
access to records of the position, job classification, official salary or rate
of pay of, and to records of the allowances or reimbursements for expenses paid
to any public officer, official or employee at any level of state, local or regional
government in the Commonwealth. The provisions of this subsection shall not apply
to records of the official salaries or rates of pay of public employees whose
annual rate of pay is $10,000 or less.”
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 43. VIRGINIA
PUBLIC PROCUREMENT ACT
§ 2.2-4301. Definitions
Under subsection (3) the definition of Competitive Negotiation
“3. a. Procurement of professional services. The public body shall engage
in individual discussions with two or more offerors deemed fully qualified, responsible
and suitable on the basis of initial responses and with emphasis on professional
competence, to provide the required services. Repetitive informal interviews
shall be permissible. The offerors shall be encouraged to elaborate on their
qualifications and performance data or staff expertise pertinent to the proposed
project, as well as alternative concepts. The Request for Proposal shall not,
however, request that offerors furnish estimates of man-hours or cost for services.
At the discussion stage, the public body may discuss nonbinding estimates of
total project costs, including, but not limited to, life-cycle costing, and where
appropriate, nonbinding estimates of price for services. Proprietary information
from competing offerors shall not be disclosed to the public or to competitors.
…”
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 43. VIRGINIA PUBLIC PROCUREMENT
ACT
§ 2.2-4342. Public inspection of certain records
“A. Except as provided in this section, all proceedings, records, contracts
and other public records relating to procurement transactions shall be open to
the inspection of any citizen, or any interested person, firm or corporation,
in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et
seq.).
B. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.
C. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the public body decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.
D. Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the public body decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract.
E. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.
F. Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of § 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); however, the bidder, offeror or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary. “
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 52. COMPREHENSIVE
SERVICES ACT FOR AT-RISK YOUTH AND FAMILIES
§ 2.2-5210. Information sharing; confidentiality
“All public agencies that have served a family or treated a child referred
to a family assessment and planning team shall cooperate with this team. The
agency that refers a youth and family to the team shall be responsible for obtaining
the consent required to share agency client information with the team. After
obtaining the proper consent, all agencies shall promptly deliver, upon request
and without charge, such records of services, treatment or education of the family
or child as are necessary for a full and informed assessment by the team.
Proceedings held to consider the appropriate provision of services and funding for a particular child or family or both who have been referred to the family assessment and planning team and whose case is being assessed by this team or reviewed by the community management and planning team shall be confidential and not open to the public, unless the child and family who are the subjects of the proceeding request, in writing, that it be open. All information about specific children and families obtained by the team members in the discharge of their responsibilities to the team shall be confidential.
Demographic, service and cost information on youths and families receiving services and funding through this chapter that is of a nonidentifying nature may be gathered for reporting and evaluation purposes. “
TITLE 2.2. ADMINISTRATION OF GOVERNMENT; CHAPTER 55. VIRGINIA
BIOTECHNOLOGY RESEARCH ACT
§ 2.2-5506 Confidential business information
“A. Except as provided in subsections B and C, the Department and any affected
locality shall keep confidential any information received under this chapter
if the person submitting the information notifies them that:
1. The federal regulator to whom the information has been submitted has determined that the information is entitled to confidential treatment and is not subject to public disclosure under the federal Freedom of Information Act, 5 U.S.C. § 552, as amended, or under the Coordinated Framework; or
2. The person submitting the information to the Department and any locality has submitted a claim to the federal regulator that the information is entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework, and the federal regulator has not made a determination on that claim.
B. Subsection A shall not prevent the Department from using the information for the purposes of subdivision B. 4. or B. 5. of § 2.2-5505, subject to the requirements of subsection D.
C. The Department shall allow public access to any information that has been granted confidentiality under subsection A if either of the following occurs:
1. The person providing the information expressly agrees in writing to the public access of the information; or
2. After information has been granted confidentiality under subdivision A. 2., the federal regulator makes a determination that the information is not entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework.
D. The Department shall establish procedures to protect information required to be kept confidential under subsection A. Under the procedures, the Department shall not submit any information under subdivision B. 4. or B. 5. of § 2.2-5505 to any person who is not an employee of the Department unless that person has signed an agreement that satisfies the requirements of subsection E.
E. Any agreement under subsection D shall (i) provide that information that is the subject of the agreement shall be subject to confidential treatment; (ii) prohibit the release or sharing of the information with any other person except at the direction of the Department and in compliance with this chapter; (iii) acknowledge the penalties in § 59.1-338 of the Virginia Uniform Trade Secrets Act (§ 59.1-336, et seq.) and any other applicable law of the Commonwealth identified by the Department for the unauthorized disclosure of the information; and (iv) contain a statement that the person receiving the information, any member of his immediate family or any organization with which he is associated has no substantial financial interest in the regulated introduction that is the subject of the information.
F. Any person submitting the information under § 2.2-5503 may waive any of the requirements under this section. “
TITLE 3.1 AGRICULTURE, HORTICULTURE AND FOOD
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD; CHAPTER 3.1. ADMINISTRATOR
OF CONSUMER AFFAIRS
§ 3.1-18.2. Powers and duties
The Administrator of Consumer Affairs shall “maintain records of
consumer complaints and their eventual disposition, which records shall be open
for public inspection, provided that information disclosing the business interests
of any person, trade secrets, or the names of customers shall be held confidential
except to the extent that disclosure of such matters may be necessary for the
enforcement of laws.”
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD; CHAPTER 14.1. VIRGINIA PESTICIDE
CONTROL ACT; ARTICLE 5. VIOLATIONS, PENALTIES AND PROCEEDINGS IN CASE OF VIOLATIONS
§ 3.1-249.68. Protection of trade secrets and other information
“The Commissioner shall not make public information which in his judgment
contains or relates to trade secrets or commercial or financial information obtained
from a person and privileged or confidential, except that, when necessary to
carry out the provisions of this chapter, information relating to formulas of
products acquired by authorization of this chapter may be revealed to any federal,
state or local agency consulted and may be revealed at a public hearing or in
findings of fact issued by the Commissioner or Board. If the Commissioner proposes
to release for inspection information which the applicant or registrant believes
to be protected from disclosure under subsection B of this section, he shall
notify the applicant or registrant, in writing, by certified mail. The Commissioner
shall not thereafter make available for inspection such data until thirty days
after receipt of the notice by the applicant or registrant. During this period,
the applicant or registrant may institute an action in an appropriate circuit
court for a declaratory judgment as to whether such information is subject to
protection. All information concerning the objectives, methodology, results,
or significance of any test or experiment performed on or with a registered or
previously registered pesticide or its separate ingredients, impurities, or degradation
products, and any information concerning the effects of such pesticide on any
organism or the behavior of such pesticide in the environment, including, but
not limited to, data on safety to fish and wildlife, humans and other mammals,
plants, animals, and soil, and studies on persistence, translocation and fate
in the environment, and metabolism, shall be available for disclosure to the
public. The use of such data for any registration purpose shall be governed by
Article 2 (§ 3.1-249.35 et seq.) of this chapter. This subsection does not
authorize the disclosure of any information that: Discloses manufacturing or
quality control process, Discloses the details of any methods for testing, detecting,
or measuring the quantity of any deliberately added inert ingredient of a pesticide,
or Discloses the identity or percentage quantity of any deliberately added inert
ingredient of a pesticide, unless the Commissioner has first determined that
disclosure is necessary to protect against an unreasonable risk of injury to
health or the environment.”
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD; CHAPTER 21. MILK, MILK PRODUCTS
AND DAIRIES; ARTICLE 2. MILK COMMISSION
§ 3.1-440. Right of entry and inspection; publication of information
“Any member of the Commission, or employee designated for the purpose, shall
have access to, and may enter at all reasonable hours, all places where milk
is stored, bottled or manufactured into food products. Any member of this board,
or designated employee shall have the power to inspect books and records in any
place within the Commonwealth for the purpose of ascertaining facts to enable
the board to administer this article, and all such information shall be confidential,
unless the parties concerned agree to its being given out. The Commission may
combine such information for any market or markets and make it public.”
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD; CHAPTER 21. MILK,
MILK PRODUCTS AND DAIRIES; ARTICLE 2.1. SOUTHERN DAIRY COMPACT
§ 3.1-461.1. Southern Dairy Compact; form of compact
Article VI, Section 15: “(b) Information furnished to or acquired by the
Commission officers, employees, or its agents pursuant to this section shall
be confidential and not subject to disclosure except to the extent that the Commission
deems disclosure to be necessary in any administrative or judicial proceeding
involving the administration or enforcement of this compact, an over-order price,
a compact marketing order, or other regulations of the Commission. (c)
Any person violating the provisions of this section shall, upon conviction, be
subject to a fine of not more than one thousand dollars ($1,000) or to imprisonment
for not more than one year, or both, and shall be removed from office.”
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD; CHAPTER 26. SALE
OF FARM PRODUCE; ARTICLE 2. COMMISSION MERCHANTS
§ 3.1-716. Copies of records to be kept by commission merchant
“It shall also be the duty of every commission merchant to retain a copy
of all records, including sales tags or tickets, account of sales, other records
covering each transaction for a period of three years from the date thereof,
which copy shall at all times be available for, and open to, the confidential
inspection of the Commissioner, or his duly authorized agents, and the interested
consignor, or any authorized representative of either.”
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD; CHAPTER 27.4. COMPREHENSIVE
ANIMAL LAWS; ARTICLE 5. ANIMAL CONTROL OFFICERS AND HUMANE INVESTIGATORS
§ 3.1-796.106:1. Revocation of appointment of humane investigators; State
Veterinarian may investigate allegations
“The State Veterinarian may investigate any allegation that a humane investigator
has violated this chapter and report his findings and recommendations to the
attorney for the Commonwealth. The State Veterinarian may authorize a State Veterinarian’s
representative to conduct such investigation. The report shall be held confidential
except that the substance of the allegation against the humane investigator shall
be disclosed to the humane investigator upon his written request.”
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD; CHAPTER 30. SLAUGHTERHOUSES,
MEAT AND DRESSED POULTRY; ARTICLE 4.1. VIRGINIA MEAT AND POULTRY
PRODUCTS INSPECTION ACT
§ 3.1-884.32. Authority of Commissioner to investigate, require reports,
examine documentary evidence, issue subpoenas and obtain judicial enforcement
thereof, and order depositions; witness fees; compulsory testimony and immunity
from prosecution; penalties for refusal to testify, false entries in reports
or records, failure to file reports or related offenses; improper disclosure
of information obtained under article
” (j) Any officer or employee of this Commonwealth who shall make public
any information obtained by the Commissioner, without his authority, unless directed
by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine not exceeding $5,000, or by imprisonment, not exceeding
one year, or both such fine and imprisonment, in the discretion of the court.”
TITLE 4.1 ALCOHOLIC BEVERAGE CONTROL ACT
TITLE 4.1. ALCOHOLIC BEVERAGE CONTROL ACT; CHAPTER 1. DEFINITIONS
AND GENERAL PROVISIONS
§ 4.1-103.01. Additional powers; access to certain tobacco sales records;
inspections; penalty
“A. Notwithstanding the provisions of § 58.1-3 or any other provision
of law, the Tax Commissioner shall provide to the Board the name, address, and
other identifying information within his possession of all wholesale cigarette
dealers.
B. All invoices, books, papers or other memoranda and records concerning the
sale of cigarettes maintained by wholesale cigarette dealers pursuant to § 58.1-1007
shall be subject to inspection during normal business hours by special agents
of the Board. Any person who, upon request by a special agent, unreasonably fails
or refuses to allow an inspection of the records authorized by this subsection
shall be guilty of a Class 2 misdemeanor.
C. The Board may use the information obtained from the Tax Commissioner or by
the inspections authorized by subsection B only for the purpose of creating and
maintaining a list of retail dealers to facilitate enforcement of the laws governing
the sale of tobacco products to minors. Neither the Board nor any special agent
shall divulge any information provided by the Tax Commissioner or obtained in
the performance of the inspections authorized by subsection B to anyone other
than to another special agent. Any person violating the provisions of this subsection
shall be guilty of a Class 2 misdemeanor.”
TITLE 4.1. ALCOHOLIC BEVERAGE CONTROL ACT; CHAPTER 1. DEFINITIONS AND GENERAL
PROVISIONS
§ 4.1-118. Certain information not to be made public
“Neither the Board nor its employees shall divulge any information regarding
(i) financial reports or records required pursuant to § 4.1-114; (ii) the
purchase orders and invoices for beer and wine filed with the Board by wholesale
beer and wine licensees; or (iii) beer and wine taxes collected from, refunded
to, or adjusted for any person. The provisions of § 58.1-3 shall apply,
mutatis mutandis, to beer and wine taxes collected pursuant to this title and
to purchase orders and invoices for beer and wine filed with the Board by wholesale
beer and wine licensees. Nothing contained in this section shall prohibit the
use or release of such information or documents by the Board to any governmental
or law-enforcement agency, or when considering the granting, denial, revocation,
or suspension of a license or permit, or the assessment of any penalty against
a licensee or permittee. Nor shall this section prohibit the Board or its employees
from compiling and disseminating to any member of the public aggregate statistical
information pertaining to (i) malt beverage excise tax collection as long as
such information does not reveal or disclose excise tax collection from any identified
licensee; (ii) the total quantities of wine sold or shipped into the Commonwealth
by each out-of-state winery, distributor, or importer for resale in the Commonwealth
by wholesale wine licensees collectively; (iii) the total amount of wine sales
in the Commonwealth by wholesale wine licensees collectively; or (iv) the total
amount of purchases or sales submitted by licensees as required pursuant to § 4.1-114,
provided such information does not identify the licensee.”
TITLE 4.1. ALCOHOLIC BEVERAGE CONTROL ACT; CHAPTER 4. WINE FRANCHISE ACT; ARTICLE
3. PROCEDURAL MATTERS
§ 4.1-412. Increase of prices
“No winery or wine importer shall increase the prices charged any wholesale
wine licensee for wine except by written notice to the wholesaler signed by an
authorized officer or agent of the winery or wine importer, which notice shall
contain the amount and effective date of the increase. A copy of the notice shall
be sent to the Board and shall be treated as confidential information, except
in relation to enforcement proceedings for violation of this section. No increase
shall take effect prior to thirty calendar days following the date on which the
notice is postmarked.”
§4.1-511 says the same thing but applies to beer under the Beer Franchise
Act.
TITLE 6.1. BANKING AND FINANCE; CHAPTER 1. GENERAL PROVISIONS
§ 6.1-1.1. Confidentiality of information
“Except as otherwise provided in this title or § 12.1-19, neither a
report of examination of any person or entity subject to this title, nor any
information furnished to or obtained by the Bureau of Financial Institutions,
the disclosure of which, in the opinion of the Commissioner of Financial Institutions,
could endanger the safety and soundness of a bank, savings institution or credit
union, nor any personal financial information furnished to, or obtained by the
Bureau of Financial Institutions, shall be disclosed by the Commission or any
of its employees. However, such reports and information may be provided to: (i)
members and employees of the Commission in the performance of their duties; (ii)
in the case of an entity, directors and officers thereof and such other persons
as may be authorized by resolution of the entity’s board of directors; (iii)
such governmental instrumentalities or agencies as the Commissioner of Financial
Institutions may determine, in his discretion, to be proper recipients of such
reports or information; or (iv) other persons pursuant to appropriate process
and protective order issued by or under the authority of any court of competent
jurisdiction.”
TITLE 6.1. BANKING AND FINANCE; CHAPTER 3.01. VIRGINIA SAVINGS INSTITUTIONS ACT;
ARTICLE 2. INCORPORATION; CERTIFICATE OF AUTHORITY; CORPORATE ADMINISTRATION
§ 6.1-194.18. Access to books and records; communication with members
“The books and records pertaining to the accounts and loans of a savings
institution shall be kept confidential by the institution, its directors, officers,
and employees except where the disclosure thereof shall be compelled by a court
of competent jurisdiction or otherwise required by law. No person shall have
access to the books and records of the institution or shall be furnished or shall
possess information concerning individual accounts or loans of the institution
or concerning the owners of such accounts or borrowers, except as authorized
in writing by the account owner or borrower or as otherwise expressly authorized
by law.”
TITLE 6.1. BANKING AND FINANCE; CHAPTER 13. FINANCIAL INSTITUTION HOLDING COMPANIES;
ARTICLE 3. SERVICE CHARGES
§ 6.1-383.1. Acquisition of interests in financial institutions and financial
institution holding companies; prerequisites; notice; information to be made
available to public
Before acquiring or making an offer to acquire control of a Virginia financial
institution, the company must file an application with the Commission. “The
application and all other information required by the Commission under this section,
except such additional information as the Commission determines should be kept
confidential, shall be held as part of the public records and made available
to the public.”
TITLE 8.01 CIVIL REMEDIES AND PROCEDURE
TITLE 8.01. CIVIL REMEDIES AND PROCEDURE; CHAPTER 3. ACTIONS;
ARTICLE 20. CHANGE OF NAME
§ 8.01-217. How name of person may be changed
“Any person desiring to change his own name, or that of his child or ward,
may apply therefor to the circuit court of the county or city in which the person
whose name is to be changed resides, or if no place of abode exists, such person
may apply to any circuit court which shall consider such application if it finds
that good cause exists therefor under the circumstances alleged. On any
such application and hearing, if such be demanded, the court, shall, unless the
evidence shows that the change of name is sought for a fraudulent purpose or
would otherwise infringe upon the rights of others or, in case of a minor, that
the change of name is not in the best interest of the minor, order a change of
name and the clerk of the court shall spread the order upon the current deed
book in his office, index it in both the old and new names, and transmit a certified
copy to the State Registrar of Vital Records and the Central Criminal Records
Exchange. Transmittal of a copy to the State Registrar of Vital Records and the
Central Criminal Records Exchange shall not be required of a person who changed
his or her former name by reason of marriage and who makes application to resume
a former name pursuant to § 20-121.4. If the applicant shall show cause
to believe that in the event his change of name should become a public record,
a serious threat to the health or safety of the applicant or his immediate family
would exist, the chief judge of the circuit court may waive the requirement that
the application be under oath or the court may order the record sealed and direct
the clerk not to spread and index any orders entered in the cause, and shall
not transmit a certified copy to the State Registrar of Vital Records or the
Central Criminal Records Exchange. Upon receipt of such order by the State Registrar
of Vital Records, for a person born in this Commonwealth, together with a proper
request and payment of required fees, the Registrar shall issue certifications
of the amended birth record which do not reveal the former name or names of the
applicant unless so ordered by a court of competent jurisdiction.”
TITLE 8.01. CIVIL REMEDIES AND PROCEDURE; CHAPTER 11. JURIES ; ARTICLE 3. SELECTION
OF JURORS
§ 8.01-346. Lists to be delivered to clerk and safely kept by him; addition
and removal of names
This provision states that the jury list should be delivered to the clerk of
court and be “safely kept by him.” In Archer v. Mayes, 213 Va. 633,
194 S.E. 2d 707 (1973), the court decided that the jury list is a secret document
that is not open to public inspection: “The proper administration of justice
requires that the jury list be kept secret until the jurors drawn for service,
unless good cause be shown. The jury list is in no sense a public record to be
exposed to the general public.”
TITLE 8.01. CIVIL REMEDIES AND PROCEDURE; CHAPTER 20.2. DISPUTE RESOLUTION PROCEEDINGS;
ARTICLE 3. SUBSEQUENT PROCEEDINGS GENERALLY
§ 8.01-576.10. Confidentiality of dispute resolution proceeding
“All memoranda, work products or other materials contained in the case files
of a neutral or dispute resolution program are confidential. Any communication
made in or in connection with the dispute resolution proceeding which relates
to the controversy, whether made to the neutral or dispute resolution program
or to a party, or to any other person if made at a dispute resolution proceeding,
is confidential. However, a written settlement agreement shall not be confidential,
unless the parties otherwise agree in writing.”
§ 8.01-581.22 says the same thing in regard to mediation programs.
TITLE 8.01. CIVIL REMEDIES AND PROCEDURE; CHAPTER 21.1. MEDICAL MALPRACTICE;
ARTICLE 2. MISCELLANEOUS PROVISIONS
§ 8.01-581.17. Privileged communications of certain committees and entities
“The proceedings, minutes, records, and reports of any (i) medical staff
committee, utilization review committee, or other committee as specified in § 8.01-581.16
and (ii) nonprofit entity that provides a centralized credentialing service,
together with all communications, both oral and written, originating in or provided
to such committees or entities, are privileged communications which may not be
disclosed or obtained by legal discovery proceedings unless a circuit court,
after a hearing and for good cause arising from extraordinary circumstances being
shown, orders the disclosure of such proceedings, minutes, records, reports,
or communications. Nothing in this section shall be construed as providing any
privilege to hospital, community services board, or behavioral health authority
medical records kept with respect to any patient in the ordinary course of business
of operating a hospital, community services board, or behavioral health authority
nor to any facts or information contained in such records nor shall this section
preclude or affect discovery of or production of evidence relating to hospitalization
or treatment of any patient in the ordinary course of hospitalization of such
patient.
….”
TITLE 9.1 COMMONWEALTH PUBLIC SAFETY
TITLE 9.1. COMMONWEALTH PUBLIC SAFETY; CHAPTER 1. DEPARTMENT OF
CRIMINAL JUSTICE SERVICES; ARTICLE 5. COURT-APPOINTED SPECIAL ADVOCATE
PROGRAM
§ 9.1-156. Inspection and copying of records by advocate; confidentiality
of records
“A. Upon presentation by the advocate of the order of his appointment and
upon specific court order, any state or local agency, department, authority,
or institution, and any hospital, school, physician, or other health or mental
health care provider shall permit the advocate to inspect and copy, without the
consent of the child or his parents, any records relating to the child involved
in the case. Upon the advocate presenting to the mental health provider the order
of the advocate’s appointment and, upon specific court order, in lieu of the
advocate inspecting and copying any related records of the child involved, the
mental health care provider shall be available within seventy-two hours to conduct
for the advocate a review and an interpretation of the child’s treatment records
which are specifically related to the investigation.
B. An advocate shall not disclose the contents of any document or record to which he becomes privy, which is otherwise confidential pursuant to the provisions of this Code, except upon order of a court of competent jurisdiction. “
TITLE 10.1. CONSERVATION; SUBTITLE I. ACTIVITIES ADMINISTERED
BY THE DEPARTMENT OF CONSERVATION AND RECREATION; CHAPTER 5. SOIL
AND WATER CONSERVATION; ARTICLE 3.1. AGRICULTURAL STEWARDSHIP ACT
§ 10.1-559.9. Guidelines to be published by Commissioner; report
“The Commissioner shall compile a report by August 31 annually listing the
number of complaints received, the nature of each complaint, the actions taken
in resolution of each complaint, and any penalties which may have been assessed.
The Commissioner shall have the discretion to exclude and keep confidential specific
information regarding ongoing investigations. The Commissioner shall (i) provide
the report to the Board, the Department and to every district, (ii) publish notice
in the Virginia Register that the report is available, and (iii) make the report
available to the public upon request.”
TITLE 10.1. CONSERVATION; SUBTITLE II. ACTIVITIES ADMINISTERED BY OTHER ENTITIES;
CHAPTER 11.2. VOLUNTARY ENVIRONMENTAL ASSESSMENT
§ 10.1-1198. Voluntary environmental assessment privilege
“A person or entity asserting a voluntary environmental assessment privilege
has the burden of proving a prima facie case as to the privilege. A party seeking
disclosure of a document, portion of a document, or information has the burden
of proving the applicability of an exception in subsection B to the voluntary
environmental assessment privilege. Upon a showing, based upon independent knowledge,
by any party to: (i) an informal fact-finding proceeding held pursuant to § 9-6.14:11
at which a hearing officer is present; (ii) a formal hearing pursuant to § 9-6.14:12;
or (iii) a judicial proceeding that probable cause exists to believe that an
exception listed in subsection B to the voluntary environmental assessment privilege
is applicable to all or a portion of a document or information, the hearing officer
or court may have access to the relevant portion of such document or information
for the purposes of an in camera review only to determine whether such exception
is applicable. The court or hearing examiner may have access to the relevant
portion of a document under such conditions as may be necessary to protect its
confidentiality. A moving party who obtains access to the document or information
may not divulge any information from the document or other information except
as specifically allowed by the hearing examiner or the court.”
TITLE 10.1. CONSERVATION; SUBTITLE II. ACTIVITIES ADMINISTERED BY OTHER ENTITIES;
CHAPTER 13. AIR POLLUTION CONTROL BOARD; ARTICLE 1. GENERAL PROVISIONS
§ 10.1-1314. Owners to furnish plans, specifications and information
“Every owner which the Board has reason to believe is causing, or may be
about to cause, an air pollution problem shall on request of the Board furnish
such plans, specifications and information as may be required by the Board in
the discharge of its duties under this chapter. Any information, except emission
data, as to secret processes, formulae or methods of manufacture or production
shall not be disclosed in public hearing and shall be kept confidential.”
TITLE 10.1. CONSERVATION; SUBTITLE II. ACTIVITIES ADMINISTERED BY OTHER ENTITIES;
CHAPTER 13. AIR POLLUTION CONTROL BOARD; ARTICLE 1. GENERAL PROVISIONS
§ 10.1-1314.1. Protection of trade secrets
“Any information, except emissions data, reported to or otherwise obtained
by the Director, the Board, or the agents or employees of either which contains
or might reveal a trade secret shall be confidential and shall be limited to
those persons who need such information for purposes of enforcement of this chapter
or the federal Clean Air Act or regulations and orders of the Board. It shall
be the duty of each owner to notify the Director or his representatives of the
existence of trade secrets when he desires the protection provided herein.”
TITLE 10.1. CONSERVATION; SUBTITLE II. ACTIVITIES ADMINISTERED BY OTHER ENTITIES;
CHAPTER 14. VIRGINIA WASTE MANAGEMENT ACT; ARTICLE 3.3. POLLUTION PREVENTION
PROGRAM
§ 10.1-1425.16. Trade secret protection
“All trade secrets obtained pursuant to this article by the Department or
its agents shall be held as confidential.”
TITLE 13.1. CORPORATIONS; CHAPTER 5. SECURITIES ACT; ARTICLE
5. MISCELLANEOUS
§ 13.1-518. Investigations; confidentiality of information and documents
“Information or documents obtained or prepared by any member, subordinate
or employee of the Commission in the course of any examination or investigation
conducted pursuant to the provisions of this chapter shall be deemed confidential
and shall not be disclosed to the public. However, nothing contained herein shall
be interpreted to prohibit or limit (i) the publication of the findings, decisions,
orders, judgments or opinions of the Commission; (ii) the use of any such information
or documents in proceedings by or before the Commission or a hearing examiner
appointed by the Commission; (iii) the disclosure of any such information or
documents to any quasi-governmental entity substantially associated with law
enforcement or the securities or investment advisory business approved by rule
of the Commission; or (iv) the disclosure of any such information or documents
to any governmental entity approved by rule of the Commission, or to any attorney
for the Commonwealth, or to the Attorney General of Virginia.”
TITLE 13.1. CORPORATIONS; CHAPTER 8. RETAIL FRANCHISING ACT; ARTICLE
6. DIVISION OF SECURITIES COUNSEL
§ 13.1-567. Investigations; confidentiality of information and documents
“Information or documents obtained or prepared by any member, subordinate
or employee of the Commission in the course of any examination or investigation
conducted pursuant to the provisions of this chapter shall be deemed confidential
and shall not be disclosed to the public; provided, however, that nothing contained
herein shall be interpreted to prohibit or limit (i) the publication of the findings,
decisions, orders, judgments or opinions of the Commission; (ii) the use of any
such information or documents in proceedings by or before the Commission or a
hearing examiner appointed by the Commission; (iii) the disclosure of any such
information or documents to any quasi-governmental entity substantially associated
with the retail franchising business approved by rule of the Commission; or,
(iv) the disclosure of any such information or documents to any governmental
entity approved by rule of the Commission, or to any attorney for the Commonwealth,
or to the Attorney General of Virginia.”