The Virginia FOIA Opinion Archive

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FOI Advisory Council Opinion AO-05-08

FOIA does not require a public body to provide records, or portions thereof, that are not responsive to a request. Implementing a universal security policy requiring all visitors to present identification before entering a public building does not inherently exclude the public from attending public meetings which may be held therein.

FOI Advisory Council Opinion AO-03-08

FOI Advisory Council discusses exemptions on vendor proprietary records, security system manuals, and school safety audits. Also discussed: duty of government to seek clarification if records request is confusing; failure to identify the volume of records requested that are subject to an exemption; and improperly denying records based on the sheer volume of the request.

FOI Advisory Council Opinion AO-02-08

Weekends and legal holidays are not counted as working days when computing the five working day time limit for a response to a request for public records. A public body must inform a requester in writing when it does not have the records the requester seeks. Clear communications are essential to the operation of FOIA.

FOI Advisory Council Opinion AO-01-08

Records concerning a public body's employment policies are open to disclosure. If a public body is unsure of the scope of a request, it should contact the requester to clarify the matter. A failure to respond to a records request is deemed a denial of the request and a violation of FOIA.

Rivera v. Long (Virginia Supreme Court)

Where the Social Security numbers are redacted from voter registration application records, the documents will no longer be exempt from inspection.

Davis v. City of Chesapeake (Chesapeake Circuit Court)

The Government Data Collection and Dissemination Practices Act is not an exemption to FOIA's disclosure requirements. City may not charge for summary/abstract of record without first reaching an agreeement with the requester.

FOI Advisory Council Opinion AO-12-07

If a public body denies a request for public records in whole or part, it must send the requester a written response citing the law that allows the records to be withheld. The release of certain Department of Social Services records pertaining to child support enforcement matters is prohibited by law under Title 63.2 of the Code of Virginia.

Fenter v. Norfolk Airport Authority (Virginia Supreme Court)

Norfolk Airport Authority's response that it had forwarded a citizen's FOIA request to the Transportation Security Administration did not meet the standards of any of Virginia FOIA's required responses.

Attorney General's Opinion 2007 #068

Virginia Retirement System can withhold information private equity firms provide the system on its structure, portfolio or strategy.

FOI Advisory Council Opinion AO-09-07

FOIA allows a public body to charge for existing records. FOIA does not address what a public body may charge for additional access features beyond inspection and copying of existing records.

FOI Advisory Council Opinion AO-05-07

The student government of a public institution of higher education is a public body subject to FOIA. The branches of student government are analogous to the organization of government generally (i.e., legislative, executive, and judicial). (Several other related issues discussed.)

Attorney General's Opinion 2007 #027

List of concealed-carry gun permittees should be kept confidential by the state police because it might contain names of crime victims or witnesses.

FOI Advisory Council Opinion AO-02-07

A public body may charge for the actual cost of staff time spent redacting records in response to a request. It may not charge any additional fee for a separate legal review of the same records.

FOI Advisory Council Opinion AO-03-07

An electronic mail message header showing the time and date when the message was received by a public body may not be withheld as documentation or other information that describes the design, function, operation or access control features of any security system under subdivision 3 of § 2.2-3705.2.

Rivera v. Long (Norfolk Circuit Court) (on costs and attorneys' fees)

Judge rules on cost prevailing plaintiff should pay for copies of general registrar's records, as well as on attorneys' fees for the plaintiff's attorney.

FOI Advisory Council Opinion AO-08-06

Animal licensing records are open to the public under FOIA and §3.1-796.86. Public bodies should not collect from citizens information that will become part of a public record unless such collection is required or necessary to the mission of the public body.

Rivera v. Long (Norfolk Circuit Court)

General Registrar must disclose rejection letters written to applicants to vote. Actual applications may be withheld under state election law.

Bland v. Virginia State University (Supreme Court, 6/8/06)

In FOIA cases, complete set of records must be included on appeal to afford Supreme Court full review on the merits. Trial court erred in refusing plaintiff's motion to include full set of records.

FOI Advisory Council Opinion AO-05-06

A request for statutes and regulations granting legal authority to a public body is not a request for public records as contemplated by FOIA. FOIA expressly provides the procedure to follow if a public body needs additional time to respond to a request. A response that does not meet the procedural requirements of FOIA is not a proper response.

FOI Advisory Council Opinion AO-06-06

Opining whether a FOIA provision violates substantive due process under the federal Constitution is beyond the authority of the FOIA Council.

911 tapes are public record, judge rules

-- The public has a right to hear the 911 call made by a mother accused of killing her son, a judge ruled April 13.

FOI Advisory Council Opinion AO-05-05

At present, there is no requirement for public body to tell records requester that the records asked for do not exist. If original records are legible, the copies should be, too. Publilc body cannot require requester to inspect records rather than copy them. Public body not required to recreate lost records or records no longer in its possession.

FOI Advisory Council Opinion AO-06-05

If a public body elects to abstract or summarize records, it can only charge for such a newly created record after a prior agreement with the requester.

FOI Advisory Council Opinion AO-08-05

Accident reports containing information on juveniles are not to be treated any differently than reports containing information on adults

FOI Advisory Council Opinion AO-07-05

Nothing in FOIA prohibits the release of the name of a juvenile shot and killed by a police officer, but §16.1-301 appears to serve as a broad prohibition against the release of law-enforcement records relating to juvniles.

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