Attorney General's Opinion 1977-78 #481
VIRGINIA FREEDOM OF INFORMATION ACT County Administrator Permitted To Release Publicly Names Of County Employees Employed Under Comprehensive Employment And Training Act (CETA)-Federally financed employment program.
DEFINITIONS "Personal Information" As Defined In Privacy Protection Act.
EMPLOYEES List Of County Employees Under CETA Program Official record of county as defined in Freedom of Information Act.
PRIVACY ACT Federal Privacy Act Of 1974 Applies Only To Federal Agencies No application to county's dissemination of its records CETA employees.
PRIVACY ACT Personal Information Dissemination Procedural steps to be taken.
May 24, 1978
THE HONORABLE CLAUDE V. SWANSON
Member, House of Delegates
77-78 481
You have asked whether the Pittsylvania County Administrator is permitted by law to release publicly the names of County employees employed under the Comprehensive Employment and Training Act (CETA), which establishes a federally financed employment program.
The Virginia Freedom of Information Act (F.O.I.) requires that, except as otherwise specifically provided by law, official records of State and local governmental bodies shall be available for public inspection and copying. See §2.1-342(a), Code of Virginia (1950), as amended. Any list of County employees under the CETA program would constitute an official record of the County as defined in §2.1-341(b) of the Code. Section 2.1-342(b)(3) exempts personnel records from required public disclosure, but disclosure of such records is not prohibited. See Opinion to the Honorable Jerry K. Emrich, County Attorney of Arlington County, dated January 12, 1978 (copy enclosed). Even if the records in question are personnel records within the meaning of §2.1-342(b)(3), there is no prohibition against their disclosure.
The Privacy Protection Act of 1976 (Privacy Act) does not prohibit the dissemination of records containing personal information if dissemination of records is required or permitted by law. See §2.1-380, paragraph 1; Emrich Opinion, supra. The F.O.I. exempts personnel records from required disclosure, but permits their disclosure if the custodian of the records, in his discretion, chooses to disclose them. Accordingly, the Privacy Act would not prohibit the disclosure of the records about which you inquire.
The federal Privacy Act of 1974 applies only to federal agencies and has no application to the County's dissemination of its records. See 5 U.S.C. §552(e). I am, therefore, of the opinion that the County Administrator will not violate applicable provisions of law by disseminating the records about which you ask.
