TITLE 54.1 PROFESSIONS AND OCCUPATIONS
TITLE 54.1. PROFESSIONS AND OCCUPATIONS; SUBTITLE I. GENERAL
PROVISIONS RELATING TO REGULATORY BOARDS; CHAPTER 1. GENERAL PROVISIONS
§ 54.1-108. Disclosure of official records
“Official records of the Department of Professional and Occupational Regulation
or the Department of Health Professions or any board named in this title shall
be subject to the disclosure provisions of the Virginia Freedom of Information
Act (§ 2.2-3700 et seq.), except for the following: 1. Examination questions,
papers, booklets and answer sheets, which may be disclosed at the discretion
of the board administering or causing to be administered such examinations; 2.
Applications for admission to examinations or for licensure, and the scoring
records maintained by any board or by the Departments on individual licensees
or applicants. However, this material may be made available during normal working
hours for copying by the subject individual at his expense at the office of the
Department or board which possesses the material; 3. Records of active investigations
being conducted by the Departments or any board.”
TITLE 54.1. PROFESSIONS AND OCCUPATIONS; SUBTITLE III. PROFESSIONS AND OCCUPATIONS
REGULATED BY BOARDS WITHIN THE DEPARTMENT OF HEALTH PROFESSIONS; CHAPTER 24.
GENERAL PROVISIONS
§ 54.1-2400.2. Confidentiality of information obtained during an investigation
or disciplinary proceeding
“Any reports, information or records received and maintained by any health
regulatory board in connection with possible disciplinary proceedings, including
any material received or developed by a board during an investigation or proceeding,
shall be strictly confidential. A board may only disclose such confidential information:
1. In a disciplinary proceeding before a board or in any subsequent trial or
appeal of an action or order; 2. To regulatory authorities concerned with granting,
limiting or denying licenses, certificates or registrations to practice a health
profession; 3. To hospital committees concerned with granting, limiting or denying
hospital privileges if a final determination regarding a violation has been made;
4. Pursuant to an order of a court of competent jurisdiction; 5. To qualified
personnel for bona fide research or educational purposes, if personally identifiable
information relating to any person is first deleted. Such release shall be made
pursuant to a written agreement to ensure compliance with this section; or 6.
To the Health Practitioners’ Intervention Program within the Department of Health
Professions in connection with health practitioners who apply to or participate
in the Program. In no event shall confidential information received, maintained
or developed by any board, or disclosed by the board to others, pursuant to this
section, be available for discovery or court subpoena or introduced into evidence
in any medical malpractice suit or other action for damages arising out of the
provision of or failure to provide services. Any person found guilty of
the unlawful disclosure of confidential information possessed by a health regulatory
board shall be guilty of a Class 1 misdemeanor.”
TITLE 54.1. PROFESSIONS AND OCCUPATIONS; SUBTITLE III. PROFESSIONS AND OCCUPATIONS
REGULATED BY BOARDS WITHIN THE DEPARTMENT OF HEALTH PROFESSIONS; CHAPTER 24.
GENERAL PROVISIONS
§ 54.1-2403.1. Protocol for certain medical history screening required
“As a routine component of every pregnant woman’s prenatal care, every practitioner
licensed pursuant to this subtitle who renders prenatal care, regardless of the
site of such practice, shall establish and implement a medical history protocol
for screening pregnant women for substance abuse to determine the need for a
specific substance abuse evaluation. The results of such medical history
screening and of any specific substance abuse evaluation which may be conducted
shall be confidential and, if the woman is enrolled in a treatment program operated
by any facility receiving federal funds, shall only be released as provided in
federal law and regulations. However, if the woman is not enrolled in a treatment
program or is not enrolled in a program operated by a facility receiving federal
funds, the results may only be released to the following persons: 1. The subject
of the medical history screening or her legally authorized representative. 2.
Any person designated in a written release signed by the subject of the medical
history screening or her legally authorized representative. 3. Health care providers
for the purposes of consultation or providing care and treatment to the person
who was the subject of the medical history screening.”
TITLE 54.1. PROFESSIONS AND OCCUPATIONS; SUBTITLE III. PROFESSIONS AND OCCUPATIONS
REGULATED BY BOARDS WITHIN THE DEPARTMENT OF HEALTH PROFESSIONS; CHAPTER 25.1.
HEALTH PRACTITIONERS’ INTERVENTION PROGRAM
§ 54.1-2517. Powers and duties of the Intervention Program Committee; certain
meetings, decisions to be excepted from the Freedom of Information Act; confidentiality
of records; immunity from liability
“Records of the Intervention Program Committee, to the extent such records
identify individual practitioners in the intervention program, shall be privileged
and confidential, and shall not be disclosed consistent with the Virginia Freedom
of Information Act (§ 2.2-3700 et seq.) Pursuant to subdivision A
25 of § 2.2-3711, the proceedings of the Committee which in any way pertain
or refer to a specific practitioner who may be, or who is actually, impaired
and who may be or is, by reason of such impairment, subject to disciplinary action
by the relevant board shall be excluded from the requirements of the Freedom
of Information Act (§ 2.2-3700 et seq.) and may be closed. Such proceedings
shall be privileged and confidential.”
TITLE 54.1. PROFESSIONS AND OCCUPATIONS; SUBTITLE III. PROFESSIONS AND OCCUPATIONS
REGULATED BY BOARDS WITHIN THE DEPARTMENT OF HEALTH PROFESSIONS; CHAPTER 28.
FUNERAL SERVICES; ARTICLE 1. BOARD OF FUNERAL DIRECTORS AND EMBALMERS
§ 54.1-2807.1. Confidentiality of information on infectious diseases
“All information received by any person practicing funeral services or his
agent regarding the fact that any dead body which they have received harbors
an infectious disease shall be confidential, and disclosure of such information
shall be grounds for disciplinary action against the funeral service licensee
pursuant to § 54.1-2806.
TITLE 54.1. PROFESSIONS AND OCCUPATIONS; SUBTITLE III. PROFESSIONS AND OCCUPATIONS
REGULATED BY BOARDS WITHIN THE DEPARTMENT OF HEALTH PROFESSIONS; CHAPTER 34.
DRUG CONTROL ACT; ARTICLE 1. GENERAL PROVISIONS
§ 54.1-3406. Records confidential
“No agent of the Board or agent designated by the Superintendent of the
Department of State Police having knowledge by virtue of his office of any prescriptions,
papers, records, or stocks of drugs shall divulge such knowledge, except in connection
with a criminal investigation authorized by the Attorney General or attorney
for the Commonwealth or with a prosecution or proceeding in court or before a
regulatory board or officer, to which investigation, prosecution or proceeding
the person to whom such prescriptions, papers or records relate is a subject
or party. This section shall not be construed to prohibit the Board president
or his designee and the Director of the Department of Health Professions from
discharging their duties as provided in this title.”
TITLE 55 PROPERTY AND CONVEYANCES
TITLE 55. PROPERTY AND CONVEYANCES; CHAPTER 11.1. DISPOSITION
OF UNCLAIMED PROPERTY; ARTICLE 4. PROCEDURAL AND ADMINISTRATIVE MATTERS
§ 55-210.24:2. Confidentiality of information and records
“Any information or records required to be furnished to the Division of
Unclaimed Property shall be confidential except as is otherwise necessary in
the proper administration of this chapter.”
TITLE 55. PROPERTY AND CONVEYANCES; CHAPTER 21. THE VIRGINIA REAL ESTATE TIME-SHARE
ACT; ARTICLE 2. CREATION, TERMINATION, AND MANAGEMENT
§ 55-370(F). Time-share estate owners’ association control liens; books
and records; meetings
“F. Subject to the provisions of subdivision 3 of subsection E, all books
and records kept by or on behalf of the association shall be available for examination
and copying by a member in good standing or his authorized agent. This right
of examination shall exist without reference to the duration of membership and
may be exercised only during reasonable business hours or at a mutually convenient
time and location and upon five days’ written notice.
Books and records kept by or on behalf of an association may be withheld from inspection to the extent that they concern: 1. Personnel records; 2. An individual’s medical records; 3. Records relating to business transactions that are currently in negotiation; 4. Privileged communications with legal counsel; 5. Complaints against an individual member of the association; 6. Agreements containing confidentiality requirements; 7. Pending litigation; 8. Disclosure of information in violation of law; or 9. Meeting minutes or other records of an executive session of the board of directors held in accordance with subsection G.
The association may impose and collect a charge, reflecting the actual costs of materials and labor, prior to providing copies of any books and records to a member in good standing under this section. “
TITLE 55. PROPERTY AND CONVEYANCES; CHAPTER 24. VIRGINIA REAL
ESTATE COOPERATIVE ACT; ARTICLE 1. GENERAL PROVISIONS
§ 55-428. Property classification of cooperative interests; taxation
“Any duly authorized real estate assessor, board of assessors, or department
of real estate assessments may require that all declarants, associations, master
associations and proprietary lessees’ associations in the county or city subject
to local taxation furnish to such assessor, board or department on or before
a time specified a statement listing all transfers of the cooperative apartment
units over a specified period of time and a statement listing all owners and
proprietary lessees of the cooperative apartment units as of a specified date.
Each such statement shall be certified as to its accuracy by the declarant, association,
master association or proprietary lessees’ association for which the statement
is furnished, or a duly authorized agent thereof. Any statement required by this
subsection shall be kept confidential in accordance with the provisions of § 58.1-3.”
TITLE 55. PROPERTY AND CONVEYANCES; CHAPTER 26. PROPERTY OWNERS’ ASSOCIATION
ACT; ARTICLE 5. ADMINISTRATION AND REGISTRATION OF COOPERATIVES
§ 55-510(C). Access to association records; meetings of the board of directors
“C. Books and records kept by or on behalf of an association may be withheld
from inspection and copying to the extent that they concern: 1. Personnel matters
relating to specific, identified persons or a person’s medical records; 2. Contracts,
leases, and other commercial transactions to purchase or provide goods or services,
currently in or under negotiation; 3. Pending or probable litigation. Probable
litigation means those instances where there has been a specific threat of litigation
from a party or the legal counsel of a party; 4. Matters involving state or local
administrative or other formal proceedings before a government tribunal for enforcement
of the association documents or rules and regulations promulgated pursuant to § 55-513;
5. Communications with legal counsel which relates to subdivisions 1 through
4 or which is protected by the attorney-client privilege or the attorney work
product doctrine; 6. Disclosure of information in violation of law; 7. Meeting
minutes or other confidential records of an executive session of the board of
directors held in accordance with subsection C of § 55-510.1; 8. Documentation,
correspondence or management or board reports compiled for or on behalf of the
association or the board by its agents or committees for consideration by the
board in executive session; or 9. Individual unit owner or member files, other
than those of the requesting lot owner, including any individual lot owner’s
or member’s files kept by or on behalf of the association.”
TITLE 58.1 TAXATION
TITLE 58.1. TAXATION; CHAPTER 1.00:00. GENERAL PROVISIONS OF
TITLE 58.1; ARTICLE 1. IN GENERAL
§ 58.1-3(A). Secrecy of information; penalties
“A. Except in accordance with a proper judicial order or as otherwise provided
by law, the Tax Commissioner or agent, clerk, commissioner of the revenue, treasurer,
or any other state or local tax or revenue officer or employee, or any person
to whom tax information is divulged pursuant to § 58.1-2712.2, or any former
officer or employee of any of the aforementioned offices shall not divulge any
information acquired by him in the performance of his duties with respect to
the transactions, property, including personal property, income or business of
any person, firm or corporation. Such prohibition specifically includes any copy
of a federal return or federal return information required by Virginia law to
be attached to or included in the Virginia return. Any person violating the provisions
of this section shall be guilty of a Class 2 misdemeanor.”
TITLE 58.1. TAXATION; CHAPTER 1.00:00. GENERAL PROVISIONS OF TITLE
58.1; ARTICLE 1. IN GENERAL
§ 58.1-3.1. Availability of information necessary to audit local tax returns
and other such privileged or confidential tax information
“Notwithstanding the provisions of § 58.1-3, any commissioner of revenue
or other such local revenue assessing or tax collecting officer of a county,
city or town, upon written request by the State Auditor of Public Accounts or
by a certified public accountant engaged in making an audit of the accounts of
such political subdivision in conformity with authorization of its governing
body or by law, or upon the initiative of such officer to seek an audit of the
operations of his office, shall make available to such auditors or their representatives
such information as he possesses relating to local tax returns, reports and other
data on file in his office as may be deemed necessary by any such auditors for
their proper verification of the assessments and collections of local taxes and
other local revenues including any abatements or exonerations thereof or exclusions
there from in accordance with law. Any information furnished to any person
in accordance with the provisions of this section shall be deemed privileged
and confidential; and each lawful recipient thereof shall be subject to the penalties
imposed by § 58.1-3 for any unauthorized dissemination of such information
in any manner or at any time.”
TITLE 58.1. TAXATION; SUBTITLE I. TAXES ADMINISTERED BY THE DEPARTMENT OF TAXATION;
CHAPTER 1. GENERAL PROVISIONS
§ 58.1-109. Compliance with subpoena, etc., requiring production of confidential
returns
“The Tax Commissioner and each employee of the Department, when served with
any summons, subpoena, subpoena duces tecum or order, directing him to produce
any confidential tax returns kept by or in the possession of the Department,
may comply therewith by certifying a reproduction or enlargement thereof in accordance
with § 58.1-108 and mailing such reproduction or enlargement in a sealed
envelope to the clerk of court. Such envelope shall not be opened unless and
until a judge of such court determines that the information contained therein
is of such importance that the ends of justice require that the secrecy and confidentiality
of such returns be violated and no reproduction of said returns shall be allowed
by the court. Unless otherwise directed by a judge of such court, the clerk shall
return all such reproductions and enlargements to the Department after the entry
of a final order in the case. A charge not exceeding one dollar per page may
be made for each such copy and shall be paid by the party requesting such order.
Upon good cause shown, any court may direct the Tax Commissioner or any employee
of the Department to appear in person, notwithstanding any other provision of
this section.”
TITLE 58.1. TAXATION; SUBTITLE I. TAXES ADMINISTERED BY THE DEPARTMENT OF TAXATION;
CHAPTER 10.1. ENFORCEMENT OF ILLEGAL SALE OR DISTRIBUTION OF CIGARETTES ACT
§ 58.1-1034. Records to be kept; filing with Department
“Between the first and tenth business day of each month, each person licensed
to affix the state tax stamp to cigarettes shall file with the Department, for
all cigarettes imported into the United States to which such person has affixed
the tax stamp in the preceding month, (i) a copy of the permit issued pursuant
to the Internal Revenue Code, 26 U.S.C. § 5713, to the person importing
such cigarettes into the United States allowing such person to import such cigarettes,
and the customs form containing, with respect to such cigarettes, the internal
revenue tax information required by the U. S. Bureau of Alcohol, Tobacco and
Firearms; (ii) a statement, signed by such person under the penalty of perjury,
which shall be treated as confidential by the Department and shall be exempt
from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700
et seq.), identifying the brand and brand styles of all such cigarettes, the
quantity of each brand style of such cigarettes, the supplier of such cigarettes,
and the person or persons, if any, to whom such cigarettes have been conveyed
for resale; and (iii) a statement, signed by an officer of the manufacturer or
importer under penalty of perjury, certifying that the manufacturer or importer
has complied with the package health warning and ingredient reporting requirements
of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § § 1333
and 1335a, with respect to such cigarettes and § § 3.1-336.1 and 3.1-336.2
of the Code of Virginia, including a statement indicating whether the manufacturer
is, or is not, a participating tobacco manufacturer within the meaning of § 3.1-336.1.”
TITLE 58.1. TAXATION; SUBTITLE I. TAXES ADMINISTERED BY THE DEPARTMENT OF TAXATION;
CHAPTER 18. ENFORCEMENT, COLLECTION, REFUND, REMEDIES AND REVIEW OF STATE TAXES;
ARTICLE 4. VIRGINIA TAXPAYER BILL OF RIGHTS
§ 58.1-1845(9). Virginia Taxpayer Bill of Rights
“9. The right to have the taxpayer’s tax information kept confidential unless
otherwise specified by law, in accordance with § 58.1-3.”
TITLE 58.1. TAXATION; SUBTITLE III. LOCAL TAXES; CHAPTER 30. GENERAL
PROVISIONS
§ 58.1-3018. Payment of local taxes on behalf of taxpayer by third party;
tax payment agreements
“The third party shall provide to the treasurer monthly status reports regarding
third-party tax payment agreements entered into by taxpayers of the locality.
Such reports shall include, at a minimum, a listing of all active accounts, and
with respect to each account, total charges, total taxpayer payments, total amounts
paid to the treasurer, and total amounts subject to recourse. A summary of the
monthly report, deleting any information that would identify any taxpayer and
any other confidential taxpayer information, shall be retained as a public record
in the treasurer’s office.”
TITLE 58.1. TAXATION; SUBTITLE III. LOCAL TAXES; CHAPTER 32. REAL PROPERTY TAX;
ARTICLE 7. REASSESSMENT/ASSESSMENT (VALUATION) PROCEDURE AND PRACTICE
§ 58.1-3294. Reports of income data by owners of income-producing realty;
certification; confidentiality
“Any duly authorized real estate assessor, board of assessors, or department
of real estate assessments may require that the owners of income-producing real
estate in the county or city subject to local taxation, except property producing
income solely from the rental of no more than four dwelling units, furnish to
such assessor, board or department on or before a time specified, which time
may be extended for not less than ninety days, upon application of the owner
of such property statements of the income and expenses attributable over a specified
period of time to each such parcel of real estate. Each such statement shall
be certified as to its accuracy by an owner of the real estate for which the
statement is furnished, or a duly authorized agent thereof. Any statement required
by this section shall be kept confidential in accordance with the provisions
of § 58.1-3.”
TITLE 59.1 TRADE AND COMMERCE
TITLE 59.1. TRADE AND COMMERCE; CHAPTER 1.1. VIRGINIA ANTITRUST
ACT
§ 59.1-9.10. Investigation by Attorney General of suspected violations;
civil investigative demand to witnesses; access to business records, etc
“N. It shall be the duty of the Attorney General, or his designees, to maintain
the secrecy of all evidence, testimony, documents or other results of such investigations.
Violation of this subsection shall be a misdemeanor. Nothing herein contained
shall be construed to prevent (i) the disclosure of any such investigative evidence
by the Attorney General in his discretion to any federal or state law-enforcement
authority that has restrictions governing confidentiality similar to those contained
in this subsection or (ii) the presentation and disclosure of any such investigative
evidence by the Attorney General, in his discretion, in any action or proceeding
brought by the Attorney General under this chapter.”
TITLE 59.1. TRADE AND COMMERCE; CHAPTER 17. VIRGINIA CONSUMER PROTECTION ACT
§ 59.1-201. Civil investigative orders
“E. It shall be the duty of the attorney for the Commonwealth or attorney
for a county, city, or town, his assistants, employees and agents, to maintain
the secrecy of all evidence, documents, data and information obtained through
the use of investigative orders or obtained as a result of the voluntary act
of the person under investigation and it shall be unlawful for any person participating
in such investigations to disclose to any other person not participating in such
investigation any information so obtained. Any person violating this subsection
shall be guilty of a Class 2 misdemeanor and shall be punished in accordance
with § 18.2-11. Notwithstanding the foregoing, this section shall not preclude
the presentation and disclosure of any information obtained pursuant to this
section in any suit or action in any court of this Commonwealth wherein it is
alleged that a violation of § 59.1-200 has occurred, is occurring or may
occur, nor shall this section prevent the disclosure of any such information
by the attorney for the Commonwealth or attorney for a county, city, or town
to any federal or state law-enforcement authority that has restrictions governing
confidentiality and the use of such information similar to those contained in
this subsection; however, such disclosures may only be made as to information
obtained after July 1, 1979.”
TITLE 59.1. TRADE AND COMMERCE; CHAPTER 22. ENTERPRISE ZONE ACT
§ 59.1-282.4. Confidentiality of information; penalty
“Except in accordance with proper judicial order or as otherwise provided
by law, any employee or former employee of the Department shall not divulge any
information acquired by him in the performance of his duties with respect to
the tax liability, employment, property, or income of any business firm submitted
to the Department pursuant to this chapter. Any person violating this section
shall be guilty of a Class 2 misdemeanor. The provisions of this section shall
not be applicable, however, to: 1. Acts performed or words spoken or published
in the line of duty under law; 2. Inquiries and investigations to obtain information
as to the implementation of this chapter by a duly constituted committee of the
General Assembly, or when such inquiry or investigation is relevant to its study,
provided that any such information shall be privileged; 3. Disclosures of information
to the Department of Taxation or the State Corporation Commission as may be required
to implement the provisions of this chapter; or 4. The publication of statistics
so classified as to prevent the identification of particular business firms.”
TITLE 59.1. TRADE AND COMMERCE; CHAPTER 22.4. INFORMATION TECHNOLOGY EMPLOYMENT
PERFORMANCE GRANT PROGRAM; ARTICLE 3. WATCHES
§ 59.1-284.18. Payment of information technology employment performance
grants
“Grant applications shall be submitted to the Department within twelve months
following the date the applicant firm became eligible for a grant. An application
for a grant shall include a description of the applicant’s business, evidence
of the number of permanent full-time employees, the duration of their employment,
and other relevant information as the Department may reasonably require. As a
condition of receipt of a grant, an eligible firm shall make available to the
Department for inspection upon its request all relevant and applicable documents
to determine whether the conduct of its business meets the requirements for the
receipt of grants as set forth in this chapter. All such documents appropriately
identified by the eligible firm shall be considered confidential and proprietary.”
TITLE 59.1. TRADE AND COMMERCE; CHAPTER 26. UNIFORM TRADE SECRETS ACT
§ 59.1-339. Preservation of secrecy
“In an action under this chapter, a court shall preserve the secrecy of
an alleged trade secret by reasonable means, which may include: 1. Granting protective
orders in connection with discovery proceedings; 2. Holding in-camera hearings;
3. Sealing the records of the action; and 4. Ordering any person involved in
the litigation not to disclose an alleged trade secret without prior court approval.”
TITLE 60.2 UNEMPLOYMENT COMPENSATION
TITLE 60.2. UNEMPLOYMENT COMPENSATION; CHAPTER 1. GENERAL PROVISIONS
AND ADMINISTRATION; ARTICLE 2. ADMINISTRATION
§ 60.2-114. Records and reports
“Each employing unit shall keep true and accurate work records, containing
such information as the Commission may prescribe. Such records shall be open
to inspection and be subject to being copied by the Commission or its authorized
representatives at any reasonable time and as often as may be necessary. The
Commission may require from any employing unit any sworn or unsworn reports,
with respect to persons employed by it, which the Commission deems necessary
for the effective administration of this title. Information thus obtained shall
not be published or be open to public inspection, other than to public employees
in the performance of their public duties, in any manner revealing the employing
unit’s identity, except as the Commissioner or his delegates deem appropriate,
nor shall such information be used in any judicial or administrative proceeding
other than one arising out of the provisions of this title; however, the Commission
shall make its records about a claimant available to the Workers’ Compensation
Commission if it requests such records. However, any claimant at a hearing before
an appeal tribunal or the Commission shall be supplied with information from
such records to the extent necessary for the proper presentation of his claim.
Notwithstanding other provisions of this section, the Commissioner, or his delegate,
may, in his discretion, reveal information when such communication is not inconsistent
with the proper administration of this title.”
TITLE 60.2. UNEMPLOYMENT COMPENSATION; CHAPTER 6. BENEFITS; ARTICLE 5. CLAIMS
ADJUDICATION
§ 60.2-623. Procedure generally; confidentiality of information
“B. Information furnished the Commission under the provisions of this chapter
shall not be published or be open to public inspection, other than to public
employees in the performance of their public duties. Neither such information,
nor any determination or decision rendered under the provisions of § § 60.2-619,
60.2-620 or § 60.2-622, shall be used in any judicial or administrative
proceeding other than one arising out of the provisions of this title; however,
the Commission shall make its records about a claimant available to the Workers’
Compensation Commission if it requests such records. The Commission may also,
in its discretion, furnish copies of the transcript of hearings to any party.”
TITLE 62.1 WATERS OF THE STATE, PORTS AND HARBORS
TITLE 62.1. WATERS OF THE STATE, PORTS AND HARBORS; CHAPTER 10.
VIRGINIA PORT AUTHORITY
§ 62.1-134.1. Expediting shipment of coal
“The Authority shall analyze the shipment of coal through the ports of the
Commonwealth for the purpose of expediting such shipments. For this purpose,
the Authority shall be authorized to collect, analyze, and require the furnishing
of information, which is maintained in the ordinary course of business by the
person, firm, or corporation providing such information, pertaining to the transportation
of coal which has been moved to and from the ports of this Commonwealth The
aforesaid information and data shall be supplied to the Executive Director of
the Authority and shall be for the exclusive use of the Executive Director and
the staff of the Authority. Neither the Executive Director nor any staff member
of the Authority shall disclose this information and data to any member of the
Board of Commissioners of the Authority; nor to any person, firm, corporation
or agent thereof engaged in the mining, consignment, sale, transportation, loading,
unloading, storage, or handling of coal, whether such person, firm, corporation
or agent be public or private and whether or not such person, firm, corporation,
or agent be a subsidiary or unit of the Authority; nor to anyone outside the
Authority.”
Cross Reference Note: Exemption for proprietary information gathered by or for
the Virginia Port Authority at Virginia Freedom of Information Act § 2.2-3705(A)(16).
TITLE 63.1 WELFARE (SOCIAL SERVICES)
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 3. LOCAL BOARDS
OF PUBLIC WELFARE; ARTICLE 2. FUNCTIONS, POWERS AND DUTIES
§ 63.1-53. Allowing access to records; penalty
“A. All records, information and statistical registries of the State Department
of Social Services and local boards and other information that pertain to public
assistance provided to or on behalf of any individual shall be confidential and
shall not be disclosed except to persons specified hereinafter and to the extent
permitted by state and federal law and regulation. The local boards shall allow
the Commissioner and his duly authorized agents and employees, at all times,
to have access to the records of the local boards relating to the appropriation,
expenditure and distribution of funds for, and other matters concerning, public
assistance under this title. For purposes of this section, public assistance
means Temporary Assistance for Needy Families; auxiliary grants to the aged,
blind and disabled; medical assistance; energy assistance; child support enforcement;
food stamps; employment services; child day care; refugee assistance; and general
relief as defined in § 63.1-87.
Except as provided by state and federal law and regulation, no record, information or statistical registries concerning applicants for and recipients of public assistance shall be made available except for purposes directly connected with the administration of the public assistance program. Such purposes include establishing eligibility, determining the amount of the public assistance, and providing social services for applicants and recipients. It shall be unlawful for any person to disclose, directly or indirectly, any such confidential information, and any person violating these provisions shall be guilty of a Class 1 misdemeanor.
B. If a request for a record or information concerning applicants for and recipients of public assistance is made to the Department or a local department of social services for a purpose not directly connected to the administration of a public assistance program, the Commissioner or local director of social services shall not provide the record or information unless permitted by state or federal law or regulation. “
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 3. LOCAL BOARDS
OF PUBLIC WELFARE; ARTICLE 2. FUNCTIONS, POWERS AND DUTIES
§ 63.1-55.4. Same; duty of director upon receiving report; confidentiality
“…All reports, documentary evidence, and other information received or
maintained by the director pursuant to this section shall be confidential and
not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.),
except that such information may be disclosed to persons having a legitimate
interest therein where disclosure of the information is reasonably necessary
for the conduct of investigations by state or local government agencies or the
provision of services to the individual who is the subject of the report, in
accordance with regulations promulgated by the Board. Such regulations shall
require that the Board receive appropriate assurances from the agencies to which
the information is disclosed that it will be held confidential except to the
extent that disclosure is required by law.”
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 3. LOCAL BOARDS
OF PUBLIC WELFARE; ARTICLE 2. FUNCTIONS, POWERS AND DUTIES
§ 63.1-55.6. Same; emergency order for protective services
“Where protective services are rendered on the basis of an emergency order,
the temporary guardian shall submit to the court a report describing the circumstances
thereof including the name, place, date and nature of the services provided.
This report shall become part of the court record. Such report shall be confidential
and open only to such persons as may be directed by the court.”
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 5. VIRGINIA DEPARTMENT AND BOARD
FOR THE VISUALLY HANDICAPPED; ARTICLE 2. POWERS AND DUTIES OF SUPERINTENDENTS
§ 63.1-71.1. Information contained in register to be confidential; conditions
under which information released
“Information contained on the register referred to in § 63.1-71 concerning
individuals shall be confidential for purposes other than those directly connected
with the administration of programs under the Department’s jurisdiction or as
required by other agencies of the Commonwealth. Information needed for research
purposes may be made available to an organization or individual engaged in research
only for purposes directly connected with the administration of programs relating
to the visually handicapped, including research for the development of new knowledge
or techniques which would be useful in the administration of the program, but
only if the organization or individual furnishes satisfactory assurance that
the information will be used solely for the purpose for which it is provided;
that it will not be released to persons not connected with the study under consideration;
and that the final product of the research will not reveal any information that
may serve to identify any person about whom information has been obtained through
the Department without written consent of such person and the Department.”
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 9. HOMES FOR AGED, INFIRM, DISABLED,
INDIGENT AND INCAPACITATED PERSONS; ARTICLE 1. LICENSING OF HOMES FOR AGED, INFIRM
OR DISABLED ADULTS
§ 63.1-177.2. Confidentiality of complainant’s identity
“Whenever the Department conducts inspections and investigations in response
to complaints received from the public, the identity of the complainant and the
identity of any resident who is the subject of the complaint, or identified therein,
shall be treated as confidential and shall not be open to inspection by members
of the public. Identities of the complainant and resident who is the subject
of the complaint shall be revealed only if a court order so requires.”
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 10. CHILD WELFARE, HOMES, AGENCIES
AND INSTITUTIONS; ARTICLE 3. LICENSING OF ADULT DAY CARE CENTERS
§ 63.1-209(A). Confidential records
“A. The records, information and statistical registries of the Department
of Social Services and of all child-welfare agencies concerning social services
to or on behalf of individuals shall be confidential information, provided that
the Commissioner, the State Board and their agents shall have access to such
records, information and statistical registries, and that such records, information
and statistical registries may be disclosed to any person having a legitimate
interest in accordance with state and federal law and regulation. For purposes
of this section, social services means foster care; adoption assistance; adult
services; adult protective services; child protective services; domestic violence
services; or any other service program implemented in accordance with regulations
promulgated by the State Board of Social Services.
It shall be unlawful for any officer, agent or employee of any child-welfare agency; for the Commissioner, the State Board or their agents or employees; and for any person who has held any such position; and for any other person to whom any such record or information is disclosed to disclose, directly or indirectly, any such confidential record or information, except as herein provided or pursuant to § 63.1-209.1. Every violation of this section shall constitute a Class 1 misdemeanor. “
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 10.2. ADOPTION;
ARTICLE 6. RECORDS
§ 63.1-219.53. Disposition of reports; disclosure of information as to identity
of birth family
“No identifying information from such adoption file shall be disclosed,
open to inspection or made available to be copied except as provided in subsections
A, B and E of § 63.1-219.54 or upon application of the adopted person, if
eighteen years of age or over, to the Commissioner, who shall designate the person
or agency that made the investigation to attempt to locate and advise the birth
family of the application. The designated person or agency shall report the results
of the attempt to locate and advise the birth family to the Commissioner, including
the relative effects that disclosure of the identifying information may have
on the adopted person, the adoptive parents, and the birth family. The adopted
person and the birth family may submit to the Commissioner, and the Commissioner
shall consider, written comments stating the anticipated effect that the disclosure
of identifying information may have upon any party. Upon a showing of good cause,
the Commissioner shall disclose the identifying information. If the Commissioner
fails to designate a person or agency to attempt to locate the birth family within
thirty days of receipt of the application, or if the Commissioner denies disclosure
of the identifying information after receiving the designated person’s or agency’s
report, the adopted person may apply to the circuit court for an order to disclose
such information. Such order shall be entered only upon good cause shown after
notice to and opportunity for hearing by the applicant for such order and the
person or agency that made the investigation.”
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 12.1. CHILD ABUSE AND NEGLECT
§ 63.1-248.8. Central registry; disclosure of information
“The central registry shall contain such information as shall be prescribed
by State Board regulation; however, when the founded case of abuse or neglect
does not name the parents or guardians of the child as the abuser or neglector,
and the abuse or neglect occurred in a licensed or unlicensed child day center,
a regulated family day home, a private or public school, a child-caring institution
or a residential facility for juveniles, the child’s name shall not be entered
on the registry without consultation with and permission of the parents or guardians.
If a child’s name currently appears on the registry without consultation with
and permission of the parents or guardians for a founded case of abuse and neglect
that does not name the parents or guardians of the child as the abuser or neglector,
such parents or guardians may have the child’s name removed by written request
to the Department. The information contained in the central registry shall not
be open to inspection by the public. However, appropriate disclosure may be made
in accordance with State Board regulations…. “
TITLE 63.1. WELFARE (SOCIAL SERVICES); CHAPTER 21. VIRGINIA CAREGIVERS
GRANT PROGRAM
§ 63.1-335. Confidentiality of information
“Except in accordance with proper judicial order or as otherwise provided
by law, any employee or former employee of the Department shall not divulge any
information acquired by him in the performance of his duties with respect to
the income or grant eligibility of any caregiver submitted pursuant to this chapter.
The provisions of this section shall not be applicable to (i) acts performed
or words spoken or published in the line of duty under law; (ii) inquiries and
investigations to obtain information as to the implementation of this chapter
by a duly constituted committee of the General Assembly, or when such inquiry
or investigation is relevant to its study, provided that any such information
shall be privileged; or (iii) the publication of statistics so classified as
to prevent the identification of particular caregivers.”
TITLE 65.2 WORKERS’ COMPENSATION
TITLE 65.2. WORKERS’ COMPENSATION; CHAPTER 2. VIRGINIA WORKERS’
COMPENSATION COMMISSION
§ 65.2-201. General duties and powers of the Commission
“The Commission shall tabulate the accident reports received from employers
in accordance with § 65.2-900 and shall publish the same in the annual report
of the Commission and as often as it may deem advisable, in such detailed or
aggregate form as it may deem best. The name of the employer or employee shall
not appear in such publications, and the employers’ reports shall be private
records of the Commission and shall not be open for public inspection except
for the inspection by the parties directly involved, and only to the extent of
such interest. These reports shall not be used as evidence against any employer
in any suit at law brought by any employee for the recovery of damages.”
TITLE 65.2. WORKERS’ COMPENSATION; CHAPTER 8. INSURANCE AND SELF-INSURANCE
§ 65.2-803.1(B). Requirements for registration as professional employer
organization; annual assessment
Effective until September 1, 2002 “B. Each registered professional employer
organization shall notify the Commission and the Bureau of Insurance of the State
Corporation Commission within thirty days of all new or terminated, in whole
or in part, client companies. Upon registration and annually thereafter, each
registered professional employer organization shall notify the Commission and
the Bureau of Insurance of the State Corporation Commission of all client companies.
Such notice shall be confidential and shall not be disclosed to the public, provided
that the Commission may respond to inquiries as to whether a client company has
workers’ compensation coverage; however, nothing herein shall be interpreted
to prohibit or limit the production of documents containing such information
from the professional employer organization pursuant to an otherwise lawful subpoena
issued by a court of competent jurisdiction. Each such notification shall indicate,
by client company, if the professional employer organization will provide voluntary
market workers’ compensation insurance and whether the client company will obtain
separate workers’ compensation insurance. The Commission may require such other
information as it deems necessary for the administration of this section.”
TITLE 65.2. WORKERS’ COMPENSATION; CHAPTER 8. INSURANCE AND SELF-INSURANCE
§ 65.2-823. Information filed with State Corporation Commission by insurance
carrier to be confidential; exception
“Any and all information filed with the State Corporation Commission by
an insurance carrier or a rate service organization in connection with an assigned
risk shall be confidential and solely for the information of the State Corporation
Commission and its staff and shall not be disclosed to any person, including
an applicant, policyholder and any other insurance carrier.”
TITLE 65.2. WORKERS’ COMPENSATION; CHAPTER 8. INSURANCE AND SELF-INSURANCE
§ 65.2-824. Disclosures not required of State Corporation Commission; liability
for acts or omissions
“The State Corporation Commission shall not be required to disclose to any
person, including the applicant or policyholder, its reasons for: 1. Refusing
to assign an application; 2. Approving the rejection of an application by an
insurance carrier; 3. Approving the cancellation of a workers’ compensation policy
by an insurance carrier; or 4. Refusing to approve the renewal or the reassignment
of an expiring policy.”
TITLE 65.2. WORKERS’ COMPENSATION; CHAPTER 9. REPORTS AND RECORDS
§ 65.2-903. Records not public
“The records of the Commission, insofar as they refer to accidents, injuries
and settlements, shall not be open to the public but only to the parties satisfying
the Commission of their interest in such records and their right to inspect them;
however, the Commission shall make its records about an injured employee available
to the Virginia Employment Commission and the Department of Social Services,
if either entity requests such records.”
TITLE 65.2. WORKERS’ COMPENSATION; CHAPTER 13. PEER REVIEW OF MEDICAL COSTS
§ 65.2-1308. Privileged communications
“The provisions of Chapter 21 (§ 2.2-3700 et seq.) of Title 2.1 shall
not be applicable to the Statewide Coordinating Committee or any regional peer
review committee. The proceedings, minutes, records and reports of the Statewide
Coordinating Committee and each regional peer review committee, together with
all communications, both oral and written, originating in or provided to any
such committees are privileged communications which shall 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.”