Person Who Is Subject of Records
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Keil v. O’Sullivan (Court of Appeals)
Former police officer is not entitled to investigative records about an incident involving the officer because he is not a “data subject” under the Government Data Collection & Dessimination Practices Act. Also some FOIA issues.
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FOI Advisory Council Opinion AO-05-17
An organization, corporation, or agency in the Commonwealth that receives two-thirds (66.6%) or greater support from public funds is considered to be "supported … principally by public funds" and therefore is a "public body" subject to FOIA. Prior opinions advised measuring an entity's level of funding at the time a request is made, but did…
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FOI Advisory Council Opinion AO-04-17
The Greater Williamsburg Chamber and Tourism Alliance is (for now) a public body subject to FOIA's records and meetings provisions because it receives 68% of its funding from local government budget appropriations. Should the local government funding drop below 66% of the total budget, the alliance would cease to be a public body subject to…
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Saltville v. Surber
Judge in Saltville reviewed under seal several documents related to a former town employee. He eventually ruled that some of them must be released to a newspaper, over the former employee’s objection, and that others did not have to be released because they did not discuss public business. Read the full final order here.
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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.
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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.
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FOI Advisory Council Opinion AO-03-05
personnel files at most governmental agencies are available to the subject of the records, but not if the subject is the employee of an educational agency.
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FOI Advisory Council Opinion AO-26-04
The Virginia Board of Bar examiners has discretion under §54.1-108 to withhold the passing score an individual made on the bar exam, even when it is the subject individual making the request. The Virginia Board of Bar Examiners can elect to withhold aggregate data on bar exam results under the board’s broad grant of authority…
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FOI Advisory Council Opinion AO-13-04
Personal records of a university theater department audition committee member are not disclosable under FOIA or FERPA, but any standardized evaluation forms must be released to the subject student. Records pertaining to audition guidelines or procedures would be available to anyone.
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FOI Advisory Council Opinion AO-11-04
Records of all investigations of the Department of Health Professions, and not just records of active investigations, are confidential, even to the subject of the records..
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FOI Advisory Council Opinion AO-02-03
Government body could not withhold personnel records pertaining to an employee subject to a disciplinary action from that employee, even if there was an active investigation in progress. Portions of the record not pertaining to that person could be redacted.
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FOI Advisory Council Opinion AO-30-01
A specific provision outside of FOIA prohibits the release of investigatory files by the Board of Social Work, even to the subject of the file.
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FOI Advisory Council Opinion AO-17-00
An individual is entitled to his personnel record; general job classification and salary information of public officials is specifically available under FOIA.
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Attorney General’s Opinion 1987-88 #033A
Inmates’ medical records need not be disclosed absent authorization from the inmate himself or herself.
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Attorney General’s Opinion 1983-84 #019
Report by the Psychiatric Advisory Committee is open to disclosure to the subject of the report.
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Attorney General’s Opinion 1983-84 #437A
Principal’s handwritten notes, used as a memory jogger, and anonymous letter are public records if used to transact public business. Subject of record can access it, regardless of possible exemptions.
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Attorney General’s Opinion 1979-80 #384
Jail inmates are entitled to look at their own medical records that are otherwise exempt under FOIA.
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Attorney General’s Opinion 1974-75 #585
Teachers, and all publicly employed persons, have a right to view their own personnel file.
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Attorney General’s Opinion 1973-74 #456
City job applicant is entitled to see his application and accompanying background report.