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Need Help? We’ve Added More Resources.
VCOG has published the updated full text of Virginia’s Freedom of Information Act, which includes the amendments and additions passed by the 2026 General Assembly. Among the changes is a new provision in §2.2-3707 that limits when public bodies can take action on agenda items added during a meeting. The proposal originated with VCOG, and while the final version isn’t as strong as we originally wanted, it reflects the compromises needed to secure the votes to pass.
We’ve also refreshed our Frequently Asked Questions section with updated answers and new guidance. If there’s a FOIA question you’d like us to tackle, send it our way—we’re always looking for ways to make our resources more useful.
The updated FOIA text, the FAQs and the new FOIA Council opinions are just the latest resources VCOG offers to help Virginians understand the ins and outs of the state’s FOIA. You’ll also find our recently launched FOIA Enforcement Center, a tool to generate a FOIA request, a form to submit your FOIA questions directly to us, and practical tips for making effective records requests.
We’re here for everyone.
In AO-07-26, issued June 22, the FOIA Council reviewed several practices of the Alexandria Board of Equalization, noting in part that the board’s minutes for meetings held with electronic participation do not include the reason for or the location of those members remotely participating in the meetings through electronic means
https://opengovva.org/foi-opinions/foi-advisory-council-opinion-ao-07-26/
AO-08-26, issued June 29, evaluated VDOT’s response to a multi-part FOIA request and answered several questions, including that if metadata is in a format regularly used by the body, then it may be requested and disclosed, if not exempt, and that Vaughn-style indicies of redacted documents often used in federal FOIA litigation are not required for ordinary requests under Virginia law.
https://opengovva.org/foi-opinions/foi-advisory-council-opinion-ao-08-26/
The FOIA Council looked at the Office of the Attorney General’s use of the exemptions applicable to both open and closed investigations, particularly into alleged Medicare and Medicaid fraud. AO-09-26. issued June 30, says that while the OAG, or any other agency, may consider a “public interest balancing test,” that would ultimately favor disclosure, there is no statutory requirement to conduct one.
https://opengovva.org/foi-opinions/foi-advisory-council-opinion-ao-09-26/
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