Records
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FOI Advisory Council Opinion AO-05-14
Requesters and public bodies may reach their own agreements on the terms of production of public records. Such agreements should address any variations in response timing and charges to which the parties agree.
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FOI Advisory Council Opinion AO-04-14
Suicide reports and related records may be withheld as criminal investigative files because suicide remains a crime in Virginia. To the extent it conflicts with this opinion, AO-10-03 is hereby rescinded.
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ATI v. UVA
Supreme Court of Virginia rules unanimously that UVA can withhold records requested by the American Tradition Institute (ATI) under the exemption for academic research and “proprietary records.” Court adopts interpretation of “proprietary” that encompasses records that are within the “ownership, title and possession” of the university. Though the ruling is limited to the research exemption…
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FOI Advisory Council Opinion AO-02-14
FOIA does not define the term "custodian," but for FOIA purposes, generally the custodian is the person in charge of public records. Each public body may designate who is to act as custodian of its public records. FOIA does not apply to records that are not public records in the transaction of public business.
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FOI Advisory Council Opinion AO-01-14
This opinion discusses the use of the contract negotiations and economic development records exemptions. FOIA allows a records custodian to disclose exempt records in his discretion. FOIA does not require a custodian to engage in a balancing test in exercising that discretion, or to justify or explain a decision not to disclose exempt records.
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FOI Advisory Council Opinion AO-08-13
FOIA Council weighs in on availability of date of birth information held by law enforcement agencies.
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Attorney General Opinion Sept 27 2013
A public official’s constituent newsletter may or may not be a public record; it depends on the content and use of the newsletter. However, if you assume the newsletter is a public record, the email distribution list used to send the newsletter is would not be exempt from disclosure.
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FOI Advisory Council Opinion AO-06-13
A contract between a public body and a public employee settling an employment dispute may be withheld as a personnel record. However, accounting records that reflect payments pursuant to a settlement agreement are not exempt.
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FOI Advisory Council Opinion AO-05-13
Charges for public records are limited to actual costs. The actual cost to provide electronic records is not the same as the cost to provide paper copies. Estimates must be provided in advance if requested.
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FOI Advisory Opinion AO-01-13
Generally, records submitted by a private company to a state agency as required by regulation are public records subject to FOIA. Marking such records proprietary and confidential does not, by itself, make them exempt from mandatory disclosure; records are only exempt if there is a specific provision of law that allows them to be withheld.
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FOI Advisory Council Opinion AO-06-12
Considering three different records exemptions, an adult arrestee photograph (mug shot) may not be withheld as a noncriminal incident record; may be withheld if its release would jeopardize a felony investigation; and may be withheld if the subject depicted is also a witness.
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FOI Advisory Council Opinion AO-04-12
A telephone billing record paid by a public official in his personal capacity that was not prepared for or used in the transaction of public business is not a public record subject to FOIA. Such a telephone billing record is not paid with public funds, only indicates that a call was made (it does not…
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FOI Advisory Council Opinion AO-03-12
A public official may only charge his or her rate of pay as a public official, not as a private employee, when responding to requests for public records.
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FOI Advisory Council Opinion AO-01-12
911 records are public records under FOIA. Whether any exemptions apply to 911 records must be determined on a case-by-case basis.
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FOI Advisory Council Opinion AO-06-11
Adult arrestee booking photographs (mug shots) are public records subject to FOIA.
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FOI Advisory Council Opinion AO-04-11
The attorney-client privilege exemption must be narrowly construed. If a record contains both exempt and non-exempt material, only the exempt material may be withheld. Whether a record is exempt depends on the contents of the record and the existence of a specific legal provision that allows the record to be withheld.
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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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FOI Advisory Council Opinion AO-03-11
Section 40.1-11 of the Code of Virginia exempts certain records of the Department of Labor and Industry from mandatory disclosure under FOIA.
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FOI Advisory Council Opinion AO-02-11
Pursuant to the exemption for records of persons imprisoned in penal institutions in the Commonwealth related to the imprisonment, the Department of Corrections may withhold a list of female inmates showing the inmates’ names, state identification numbers, and facility locations.
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FOI Advisory Council Opinion AO-04-10
For the purpose of the definition of public records, the meaning of in the transaction of public business must be examined on a case by case basis. FOIA does not mandate how to perform a search for records, but any search that is conducted must be carried out in good faith.
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FOI Advisory Council Opinion AO-01-10
Records that have been entered into evidence and made part of the public record at a public hearing may not subsequently be withheld from disclosure as exempt records of a criminal investigation or prosecution.
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FOI Advisory Council Opinion AO-12-09
The Virginia State Bar is a public body subject to FOIA. A task force created by a public employee to advise that employee is not a public body. Records in the possession of a public body or employee in the transaction of public business are public records. Questions regarding constitutional separation of powers are beyond…
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FOI Advisory Council Opinion AO-10-09
Certain portions of FOIA’s criminal records exemptions are currently limited to use only by local law enforcement agencies, not the State Police.