Confidentiality Clauses: Titles 54.1 through 65.2

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.”

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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.”

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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.”

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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.”

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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.”

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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).

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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.”

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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.”

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