{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3704.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3704.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3704.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3704.html"}],"law_id":55816,"edition_id":1,"section_id":55816,"structure_id":12976,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","history":"1968, c. 479, \u00a7 2.1-342; 1973, c. 461; 1974, c. 332; 1975, cc. 307, 312; 1976, cc. 640, 709; 1977, c. 677; 1978, c. 810; 1979, cc. 682, 684, 686, 689; 1980, cc. 678, 754; 1981, cc. 456, 464, 466, 589; 1982, cc. 225, 449, 452, 560, 635; 1983, cc. 372, 462, 607; 1984, cc. 85, 395, 433, 513, 532; 1985, cc. 81, 155, 502, 618; 1986, cc. 273, 291, 383, 469, 592; 1987, cc. 401, 491, 581; 1988, cc. 39, 151, 395, 411, 891, 902; 1989, cc. 56, 358, 478; 1990, cc. 217, 538, 721, 819, 968; 1991, cc. 213, 561; 1992, cc. 40, 150, 167, 200, 203, 207, 593, 612; 1993, cc. 205, 270, 296, 537, 552, 638, 750, 883; 1994, cc. 485, 532, 606, 839, 853, 918; 1995, cc. 299, 362, 499, 562, 638, 722, 812, 837; 1996, cc. 168, 469, 589, 599, 783, 786, 794, 855, 862, 902, 905, 1001, 1046; 1997, cc. 198, 295, 439, 567, 636, 641, 777, 782, 785, 838, 861; 1998, cc. 427, 891; 1999, cc. 438, 703, 726; 2001, c. 844; 2002, cc. 715, 830; 2003, cc. 275, 981, 1021; 2007, c. 439; 2009, c. 626; 2010, c. 627; 2011, c. 604; 2016, cc. 620, 716; 2017, c. 778; 2020, c. 1142; 2021, Sp. Sess. I, c. 483; 2022, c. 756; 2023, c. 534.","full_text":"A\n\nExcept as otherwise specifically provided by law, all public records shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall be provided by the custodian in accordance with this chapter by inspection or by providing copies of the requested records, at the option of the requester. The custodian may require the requester to provide his name and legal address. The custodian of such records shall take all necessary precautions for their preservation and safekeeping.B\n\nA request for public records shall identify the requested records with reasonable specificity. The request need not make reference to this chapter in order to invoke the provisions of this chapter or to impose the time limits for response by a public body. Any public body that is subject to this chapter and that is the custodian of the requested records shall promptly, but in all cases within five working days of receiving a request, provide the requested records to the requester or make one of the following responses in writing:1\n\nThe requested records are being entirely withheld. Such response shall identify with reasonable particularity the volume and subject matter of withheld records, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records.2\n\nThe requested records are being provided in part and are being withheld in part. Such response shall identify with reasonable particularity the subject matter of withheld portions, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records.3\n\nThe requested records could not be found or do not exist. However, if the public body that received the request knows that another public body has the requested records, the response shall include contact information for the other public body.4\n\nIt is not practically possible to provide the requested records or to determine whether they are available within the five-work-day period. Such response shall specify the conditions that make a response impossible. If the response is made within five working days, the public body shall have an additional seven work days or, in the case of a request for criminal investigative files pursuant to § 2.2-3706.1, 60 work days in which to provide one of the four preceding responses.C\n\nAny public body may petition the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search, and a response by the public body within the time required by this chapter will prevent the public body from meeting its operational responsibilities. Before proceeding with the petition, however, the public body shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested.D\n\nSubject to the provisions of subsection G, no public body shall be required to create a new record if the record does not already exist. However, a public body may abstract or summarize information under such terms and conditions as agreed between the requester and the public body.E\n\nFailure to respond to a request for records shall be deemed a denial of the request and shall constitute a violation of this chapter.F\n\nExcept with regard to scholastic records requested pursuant to subdivision A 1 of § 2.2-3705.4 that must be made available for inspection pursuant to the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and such requests for scholastic records by a parent or legal guardian of a minor student or by a student who is 18 years of age or older, a public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. The public body may also make a reasonable charge for the cost incurred in supplying records produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request. However, such charges shall not exceed the actual cost to the public body in supplying such records, except that the public body may charge, on a pro rata per acre basis, for the cost of creating topographical maps developed by the public body, for such maps or portions thereof, which encompass a contiguous area greater than 50 acres. Prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records. The public body shall provide the requester with a cost estimate if requested. The period within which the public body shall respond under this section shall be tolled for the amount of time that elapses between notice of the cost estimate and the response of the requester. If the public body receives no response from the requester within 30 days of sending the cost estimate, the request shall be deemed to be withdrawn. Any costs incurred by the public body in estimating the cost of supplying the requested records shall be applied toward the overall charges to be paid by the requester for the supplying of such requested records. Any local public body that charges for the production of records pursuant to this section may provide an electronic method of payment through which all payments for the production of such records to such locality may be made. For purposes of this subsection, “electronic method of payment” means any kind of noncash payment that does not involve a paper check and includes credit cards, debit cards, direct deposit, direct debit, electronic checks, and payment through the use of telephonic or similar communications.G\n\nPublic records maintained by a public body in an electronic data processing system, computer database, or any other structured collection of data shall be made available to a requester at a reasonable cost, not to exceed the actual cost in accordance with subsection F. When electronic or other databases are combined or contain exempt and nonexempt records, the public body may provide access to the exempt records if not otherwise prohibited by law, but shall provide access to the nonexempt records as provided by this chapter.\n\t\t\tPublic bodies shall produce nonexempt records maintained in an electronic database in any tangible medium identified by the requester, including, where the public body has the capability, the option of posting the records on a website or delivering the records through an electronic mail address provided by the requester, if that medium is used by the public body in the regular course of business. No public body shall be required to produce records from an electronic database in a format not regularly used by the public body. However, the public body shall make reasonable efforts to provide records in any format under such terms and conditions as agreed between the requester and public body, including the payment of reasonable costs. The excision of exempt fields of information from a database or the conversion of data from one available format to another shall not be deemed the creation, preparation, or compilation of a new public record.H\n\nIn any case where a public body determines in advance that charges for producing the requested records are likely to exceed $200, the public body may, before continuing to process the request, require the requester to pay a deposit not to exceed the amount of the advance determination. The deposit shall be credited toward the final cost of supplying the requested records. The period within which the public body shall respond under this section shall be tolled for the amount of time that elapses between notice of the advance determination and the response of the requester.I\n\nBefore processing a request for records, a public body may require the requester to pay any amounts owed to the public body for previous requests for records that remain unpaid 30 days or more after billing.J\n\nIn the event a public body has transferred possession of public records to any entity, including but not limited to any other public body, for storage, maintenance, or archiving, the public body initiating the transfer of such records shall remain the custodian of such records for purposes of responding to requests for public records made pursuant to this chapter and shall be responsible for retrieving and supplying such public records to the requester. In the event a public body has transferred public records for storage, maintenance, or archiving and such transferring public body is no longer in existence, any public body that is a successor to the transferring public body shall be deemed the custodian of such records. In the event no successor entity exists, the entity in possession of the public records shall be deemed the custodian of the records for purposes of compliance with this chapter, and shall retrieve and supply such records to the requester. Nothing in this subsection shall be construed to apply to records transferred to the Library of Virginia for permanent archiving pursuant to the duties imposed by the Virginia Public Records Act (§ 42.1-76 et seq.). In accordance with § 42.1-79, the Library of Virginia shall be the custodian of such permanently archived records and shall be responsible for responding to requests for such records made pursuant to this chapter.","order_by":null,"text":{"0":{"id":204444,"text":"Except as otherwise specifically provided by law, all public records shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall be provided by the custodian in accordance with this chapter by inspection or by providing copies of the requested records, at the option of the requester. The custodian may require the requester to provide his name and legal address. The custodian of such records shall take all necessary precautions for their preservation and safekeeping.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204445,"text":"A request for public records shall identify the requested records with reasonable specificity. The request need not make reference to this chapter in order to invoke the provisions of this chapter or to impose the time limits for response by a public body. Any public body that is subject to this chapter and that is the custodian of the requested records shall promptly, but in all cases within five working days of receiving a request, provide the requested records to the requester or make one of the following responses in writing:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":204446,"text":"The requested records are being entirely withheld. Such response shall identify with reasonable particularity the volume and subject matter of withheld records, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":204447,"text":"The requested records are being provided in part and are being withheld in part. Such response shall identify with reasonable particularity the subject matter of withheld portions, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":204448,"text":"The requested records could not be found or do not exist. However, if the public body that received the request knows that another public body has the requested records, the response shall include contact information for the other public body.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":204449,"text":"It is not practically possible to provide the requested records or to determine whether they are available within the five-work-day period. Such response shall specify the conditions that make a response impossible. If the response is made within five working days, the public body shall have an additional seven work days or, in the case of a request for criminal investigative files pursuant to § 2.2-3706.1, 60 work days in which to provide one of the four preceding responses.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":204450,"text":"Any public body may petition the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search, and a response by the public body within the time required by this chapter will prevent the public body from meeting its operational responsibilities. Before proceeding with the petition, however, the public body shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":204451,"text":"Subject to the provisions of subsection G, no public body shall be required to create a new record if the record does not already exist. However, a public body may abstract or summarize information under such terms and conditions as agreed between the requester and the public body.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":204452,"text":"Failure to respond to a request for records shall be deemed a denial of the request and shall constitute a violation of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":204453,"text":"Except with regard to scholastic records requested pursuant to subdivision A 1 of § 2.2-3705.4 that must be made available for inspection pursuant to the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and such requests for scholastic records by a parent or legal guardian of a minor student or by a student who is 18 years of age or older, a public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. The public body may also make a reasonable charge for the cost incurred in supplying records produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request. However, such charges shall not exceed the actual cost to the public body in supplying such records, except that the public body may charge, on a pro rata per acre basis, for the cost of creating topographical maps developed by the public body, for such maps or portions thereof, which encompass a contiguous area greater than 50 acres. Prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records. The public body shall provide the requester with a cost estimate if requested. The period within which the public body shall respond under this section shall be tolled for the amount of time that elapses between notice of the cost estimate and the response of the requester. If the public body receives no response from the requester within 30 days of sending the cost estimate, the request shall be deemed to be withdrawn. Any costs incurred by the public body in estimating the cost of supplying the requested records shall be applied toward the overall charges to be paid by the requester for the supplying of such requested records. Any local public body that charges for the production of records pursuant to this section may provide an electronic method of payment through which all payments for the production of such records to such locality may be made. For purposes of this subsection, “electronic method of payment” means any kind of noncash payment that does not involve a paper check and includes credit cards, debit cards, direct deposit, direct debit, electronic checks, and payment through the use of telephonic or similar communications.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":204454,"text":"Public records maintained by a public body in an electronic data processing system, computer database, or any other structured collection of data shall be made available to a requester at a reasonable cost, not to exceed the actual cost in accordance with subsection F. When electronic or other databases are combined or contain exempt and nonexempt records, the public body may provide access to the exempt records if not otherwise prohibited by law, but shall provide access to the nonexempt records as provided by this chapter.\n\t\t\tPublic bodies shall produce nonexempt records maintained in an electronic database in any tangible medium identified by the requester, including, where the public body has the capability, the option of posting the records on a website or delivering the records through an electronic mail address provided by the requester, if that medium is used by the public body in the regular course of business. No public body shall be required to produce records from an electronic database in a format not regularly used by the public body. However, the public body shall make reasonable efforts to provide records in any format under such terms and conditions as agreed between the requester and public body, including the payment of reasonable costs. The excision of exempt fields of information from a database or the conversion of data from one available format to another shall not be deemed the creation, preparation, or compilation of a new public record.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":204455,"text":"In any case where a public body determines in advance that charges for producing the requested records are likely to exceed $200, the public body may, before continuing to process the request, require the requester to pay a deposit not to exceed the amount of the advance determination. The deposit shall be credited toward the final cost of supplying the requested records. The period within which the public body shall respond under this section shall be tolled for the amount of time that elapses between notice of the advance determination and the response of the requester.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":204456,"text":"Before processing a request for records, a public body may require the requester to pay any amounts owed to the public body for previous requests for records that remain unpaid 30 days or more after billing.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":204457,"text":"In the event a public body has transferred possession of public records to any entity, including but not limited to any other public body, for storage, maintenance, or archiving, the public body initiating the transfer of such records shall remain the custodian of such records for purposes of responding to requests for public records made pursuant to this chapter and shall be responsible for retrieving and supplying such public records to the requester. In the event a public body has transferred public records for storage, maintenance, or archiving and such transferring public body is no longer in existence, any public body that is a successor to the transferring public body shall be deemed the custodian of such records. In the event no successor entity exists, the entity in possession of the public records shall be deemed the custodian of the records for purposes of compliance with this chapter, and shall retrieve and supply such records to the requester. Nothing in this subsection shall be construed to apply to records transferred to the Library of Virginia for permanent archiving pursuant to the duties imposed by the Virginia Public Records Act (§ 42.1-76 et seq.). In accordance with § 42.1-79, the Library of Virginia shall be the custodian of such permanently archived records and shall be responsible for responding to requests for such records made pursuant to this chapter.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":12976,"edition_id":1,"name":"Virginia Freedom of Information Act","identifier":"37","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":176447,"object_type":"structure","relational_id":12976,"identifier":"37","token":"2.2\/II\/B\/37","url":"\/2.2\/II\/B\/37\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55569,"structure_id":12976,"section_number":"2.2-3700","catch_line":"Short title; policy","url":"\/2.2-3700\/","token":"2.2\/II\/B\/37\/2.2-3700","metadata":false},{"id":62411,"structure_id":12976,"section_number":"2.2-3701","catch_line":"Definitions","url":"\/2.2-3701\/","token":"2.2\/II\/B\/37\/2.2-3701","metadata":false},{"id":84993,"structure_id":12976,"section_number":"2.2-3702","catch_line":"Notice of chapter","url":"\/2.2-3702\/","token":"2.2\/II\/B\/37\/2.2-3702","metadata":false},{"id":72501,"structure_id":12976,"section_number":"2.2-3703","catch_line":"Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local, or federal correctional facility","url":"\/2.2-3703\/","token":"2.2\/II\/B\/37\/2.2-3703","metadata":false},{"id":65525,"structure_id":12976,"section_number":"2.2-3703.1","catch_line":"Disclosure pursuant to court order or subpoena","url":"\/2.2-3703.1\/","token":"2.2\/II\/B\/37\/2.2-3703.1","metadata":false},{"id":55816,"structure_id":12976,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","url":"\/2.2-3704\/","token":"2.2\/II\/B\/37\/2.2-3704","metadata":false},{"id":59602,"structure_id":12976,"section_number":"2.2-3704.01","catch_line":"Records containing both excluded and nonexcluded information; duty to redact","url":"\/2.2-3704.01\/","token":"2.2\/II\/B\/37\/2.2-3704.01","metadata":false},{"id":85069,"structure_id":12976,"section_number":"2.2-3704.1","catch_line":"Posting of notice of rights and responsibilities by state and local public bodies; assistance by the Freedom of Information Advisory Council","url":"\/2.2-3704.1\/","token":"2.2\/II\/B\/37\/2.2-3704.1","metadata":false},{"id":71452,"structure_id":12976,"section_number":"2.2-3704.2","catch_line":"Public bodies to designate FOIA officer","url":"\/2.2-3704.2\/","token":"2.2\/II\/B\/37\/2.2-3704.2","metadata":false},{"id":84504,"structure_id":12976,"section_number":"2.2-3704.3","catch_line":"Training for local officials","url":"\/2.2-3704.3\/","token":"2.2\/II\/B\/37\/2.2-3704.3","metadata":false},{"id":86102,"structure_id":12976,"section_number":"2.2-3705","catch_line":"Repealed","url":"\/2.2-3705\/","token":"2.2\/II\/B\/37\/2.2-3705","metadata":false},{"id":72874,"structure_id":12976,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","url":"\/2.2-3705.1\/","token":"2.2\/II\/B\/37\/2.2-3705.1","metadata":false},{"id":67553,"structure_id":12976,"section_number":"2.2-3705.2","catch_line":"Exclusions to application of chapter; records relating to public safety","url":"\/2.2-3705.2\/","token":"2.2\/II\/B\/37\/2.2-3705.2","metadata":false},{"id":77912,"structure_id":12976,"section_number":"2.2-3705.3","catch_line":"(Effective July 1, 2026) Exclusions to application of chapter; records relating to administrative investigations","url":"\/2.2-3705.3\/","token":"2.2\/II\/B\/37\/2.2-3705.3","metadata":false},{"id":69909,"structure_id":12976,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","url":"\/2.2-3705.4\/","token":"2.2\/II\/B\/37\/2.2-3705.4","metadata":false},{"id":60253,"structure_id":12976,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","metadata":false},{"id":59772,"structure_id":12976,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","url":"\/2.2-3705.6\/","token":"2.2\/II\/B\/37\/2.2-3705.6","metadata":false},{"id":79544,"structure_id":12976,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","url":"\/2.2-3705.7\/","token":"2.2\/II\/B\/37\/2.2-3705.7","metadata":false},{"id":59878,"structure_id":12976,"section_number":"2.2-3705.8","catch_line":"Limitation on record exclusions","url":"\/2.2-3705.8\/","token":"2.2\/II\/B\/37\/2.2-3705.8","metadata":false},{"id":76628,"structure_id":12976,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","url":"\/2.2-3706\/","token":"2.2\/II\/B\/37\/2.2-3706","metadata":false},{"id":78370,"structure_id":12976,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","url":"\/2.2-3706.1\/","token":"2.2\/II\/B\/37\/2.2-3706.1","metadata":false},{"id":58697,"structure_id":12976,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","url":"\/2.2-3707\/","token":"2.2\/II\/B\/37\/2.2-3707","metadata":false},{"id":58814,"structure_id":12976,"section_number":"2.2-3707.01","catch_line":"Meetings of the General Assembly","url":"\/2.2-3707.01\/","token":"2.2\/II\/B\/37\/2.2-3707.01","metadata":false},{"id":79260,"structure_id":12976,"section_number":"2.2-3707.02","catch_line":"Meetings of Virginia Parole Board","url":"\/2.2-3707.02\/","token":"2.2\/II\/B\/37\/2.2-3707.02","metadata":false},{"id":66397,"structure_id":12976,"section_number":"2.2-3707.1","catch_line":"Posting of minutes for state boards and commissions","url":"\/2.2-3707.1\/","token":"2.2\/II\/B\/37\/2.2-3707.1","metadata":false},{"id":58470,"structure_id":12976,"section_number":"2.2-3707.2","catch_line":"Posting of minutes for local public bodies","url":"\/2.2-3707.2\/","token":"2.2\/II\/B\/37\/2.2-3707.2","metadata":false},{"id":87037,"structure_id":12976,"section_number":"2.2-3708","catch_line":"Repealed","url":"\/2.2-3708\/","token":"2.2\/II\/B\/37\/2.2-3708","metadata":false},{"id":55165,"structure_id":12976,"section_number":"2.2-3708.1","catch_line":"Repealed","url":"\/2.2-3708.1\/","token":"2.2\/II\/B\/37\/2.2-3708.1","metadata":false},{"id":78376,"structure_id":12976,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","url":"\/2.2-3708.2\/","token":"2.2\/II\/B\/37\/2.2-3708.2","metadata":false},{"id":54063,"structure_id":12976,"section_number":"2.2-3708.3","catch_line":"Meetings held through electronic communication means; situations other than declared states of emergency","url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","metadata":false},{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},{"id":66505,"structure_id":12976,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","url":"\/2.2-3710\/","token":"2.2\/II\/B\/37\/2.2-3710","metadata":false},{"id":72789,"structure_id":12976,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","url":"\/2.2-3711\/","token":"2.2\/II\/B\/37\/2.2-3711","metadata":false},{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false}],"previous_section":{"id":65525,"structure_id":12976,"section_number":"2.2-3703.1","catch_line":"Disclosure pursuant to court order or subpoena","url":"\/2.2-3703.1\/","token":"2.2\/II\/B\/37\/2.2-3703.1","metadata":false},"next_section":{"id":59602,"structure_id":12976,"section_number":"2.2-3704.01","catch_line":"Records containing both excluded and nonexcluded information; duty to redact","url":"\/2.2-3704.01\/","token":"2.2\/II\/B\/37\/2.2-3704.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3704\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 479 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 39 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 461; in 1974, chapter 332; in 1975, chapters 307 and 312; in 1976, chapters 640 and 709; in 1977, chapter 677; in 1978, chapter 810; in 1979, chapters 682, 684, 686, and 689; in 1980, chapters 678 and 754; in 1981, chapters 456, 464, 466, and 589; in 1982, chapters 225, 449, 452, 560, and 635; in 1983, chapters 372, 462, and 607; in 1984, chapters 85, 395, 433, 513, and 532; in 1985, chapters 81, 155, 502, and 618; in 1986, chapters 273, 291, 383, 469, and 592; in 1987, chapters 401, 491, and 581; in 1988, chapters 39, 151, 395, 411, 891, and 902; in 1989, chapters 56, 358, and 478; in 1990, chapters 217, 538, 721, 819, and 968; in 1991, chapters 213 and 561; in 1992, chapters 40, 150, 167, 200, 203, 207, 593, and 612; in 1993, chapters 205, 270, 296, 537, 552, 638, 750, and 883; in 1994, chapters 485<\/a>, 532<\/a>, 606<\/a>, 839<\/a>, 853<\/a>, and 918<\/a>; in 1995, chapters 299<\/a>, 362<\/a>, 499<\/a>, 562<\/a>, 638<\/a>, 722<\/a>, 812<\/a>, and 837<\/a>; in 1996, chapters 168<\/a>, 469<\/a>, 589<\/a>, 599<\/a>, 783<\/a>, 786<\/a>, 794<\/a>, 855<\/a>, 862<\/a>, 902<\/a>, 905<\/a>, 1001<\/a>, and 1046<\/a>; in 1997, chapters 198<\/a>, 295<\/a>, 439<\/a>, 567<\/a>, 636<\/a>, 641<\/a>, 777<\/a>, 782<\/a>, 785<\/a>, 838<\/a>, and 861<\/a>; in 1998, chapters 427<\/a> and 891<\/a>; in 1999, chapters 438<\/a>, 703<\/a>, and 726<\/a>; in 2001, chapter 844<\/a>; in 2002, chapters 715<\/a> and 830<\/a>; in 2003, chapters 275<\/a>, 981<\/a>, and 1021<\/a>; in 2007, chapter 439<\/a>; in 2009, chapter 626<\/a>; in 2010, chapter 627<\/a>; in 2011, chapter 604<\/a>; in 2016, chapters 620<\/a> and 716<\/a>; in 2017, chapter 778<\/a>; in 2020, chapter 1142<\/a>; in 2022, chapter 756<\/a>; in 2023, chapter 534<\/a>.<\/p>","references":[{"id":60938,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","order_by":null,"url":"\/15.2-2308.1\/"},{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":80478,"section_number":"2.2-2007","catch_line":"Powers of the CIO","order_by":null,"url":"\/2.2-2007\/"},{"id":71009,"section_number":"2.2-3129","catch_line":"Records of attendance","order_by":null,"url":"\/2.2-3129\/"},{"id":85069,"section_number":"2.2-3704.1","catch_line":"Posting of notice of rights and responsibilities by state and local public bodies; assistance by the Freedom of Information Advisory Council","order_by":null,"url":"\/2.2-3704.1\/"},{"id":67553,"section_number":"2.2-3705.2","catch_line":"Exclusions to application of chapter; records relating to public safety","order_by":null,"url":"\/2.2-3705.2\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"},{"id":73159,"section_number":"2.2-3714","catch_line":"Violations and penalties","order_by":null,"url":"\/2.2-3714\/"},{"id":58445,"section_number":"2.2-3806","catch_line":"Rights of data subjects","order_by":null,"url":"\/2.2-3806\/"},{"id":56342,"section_number":"51.5-56","catch_line":"Powers of the Authority","order_by":null,"url":"\/51.5-56\/"}],"refers_to":[{"id":69909,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","order_by":null,"url":"\/2.2-3705.4\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"},{"id":74854,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","order_by":null,"url":"\/42.1-76\/"},{"id":61369,"section_number":"42.1-79","catch_line":"Records management function vested in The Library of Virginia","order_by":null,"url":"\/42.1-79\/"}],"permalink":{"id":176469,"object_type":"law","relational_id":55816,"identifier":"2.2-3704","token":"2.2\/II\/B\/37\/2.2-3704","url":"\/2.2-3704\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3704\/","token":"2.2\/II\/B\/37\/2.2-3704","dublin_core":{"Title":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3704","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise specifically provided by law<\/span>, all public records<\/span> shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall be provided by the custodian in accordance with this chapter by inspection or by providing copies of the requested records, at the option of the requester. The custodian may require the requester to provide his name and legal address. The custodian of such records shall take all necessary precautions for their preservation and safekeeping. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A request for public records<\/span> shall identify the requested records with reasonable specificity. The request need not make reference to this chapter in order<\/span> to invoke the provisions of this chapter or to impose the time limits for response by a public body<\/span>. Any public body<\/span> that is subject to this chapter and that is the custodian of the requested records shall promptly, but in all cases within five working days of receiving a request, provide the requested records to the requester or make one of the following responses in writing: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The requested records are being entirely withheld. Such response shall identify with reasonable particularity the volume and subject matter of withheld records, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The requested records are being provided in part and are being withheld in part. Such response shall identify with reasonable particularity the subject matter of withheld portions, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The requested records could not be found or do not exist. However, if the public body<\/span> that received the request knows that another public body<\/span> has the requested records, the response shall include contact information for the other public body<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> It is not practically possible to provide the requested records or to determine whether they are available within the five-work-day period. Such response shall specify the conditions that make a response impossible. If the response is made within five working days, the public body<\/span> shall have an additional seven work days or, in the case of a request for criminal investigative files pursuant to § 2.2-3706.1<\/a>, 60 work days in which to provide one of the four preceding responses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any public body<\/span> may petition<\/span> the appropriate court<\/span> for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search, and a response by the public body<\/span> within the time required by this chapter will prevent the public body<\/span> from meeting<\/span> its operational responsibilities. Before proceeding with the petition<\/span>, however, the public body<\/span> shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Subject to the provisions of subsection G, no public body<\/span> shall be required to create a new record if the record does not already exist. However, a public body<\/span> may abstract or summarize information under such terms and conditions as agreed between the requester and the public body<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Failure to respond to a request for records shall be deemed a denial of the request and shall constitute a violation of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Except with regard to scholastic records<\/span> requested pursuant to subdivision A 1 of § 2.2-3705.4<\/a> that must be made available for inspection pursuant to the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and such requests for scholastic records<\/span> by a parent or legal guardian of a minor<\/span> student or by a student who is 18 years of age or older, a public body<\/span> may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records and shall make all reasonable efforts to supply the requested records at the lowest possible cost. No public body<\/span> shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body<\/span>. Any duplicating fee charged by a public body<\/span> shall not exceed the actual cost of duplication. The public body<\/span> may also make a reasonable charge for the cost incurred in supplying records produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request. However, such charges shall not exceed the actual cost to the public body<\/span> in supplying such records, except that the public body<\/span> may charge, on a pro rata per acre basis, for the cost of creating topographical maps developed by the public body<\/span>, for such maps or portions thereof, which encompass a contiguous area greater than 50 acres. Prior to conducting a search for records, the public body<\/span> shall notify the requester in writing that the public body<\/span> may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records. The public body<\/span> shall provide the requester with a cost estimate if requested. The period within which the public body<\/span> shall respond under this section shall be tolled for the amount of time that elapses between notice of the cost estimate and the response of the requester. If the public body<\/span> receives no response from the requester within 30 days of sending the cost estimate, the request shall be deemed to be withdrawn. Any costs incurred by the public body<\/span> in estimating the cost of supplying the requested records shall be applied toward the overall charges to be paid by the requester for the supplying of such requested records. Any local public body<\/span> that charges for the production of records pursuant to this section may provide an electronic method of payment<\/span> through which all payments for the production of such records to such locality may be made. For purposes of this subsection, “electronic method of payment<\/span>” means any kind of noncash payment that does not involve a paper check and includes credit cards, debit cards, direct deposit, direct debit, electronic checks, and payment through the use of telephonic or similar communications. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Public records<\/span> maintained by a public body<\/span> in an electronic data processing system, computer database, or any other structured collection of data shall be made available to a requester at a reasonable cost, not to exceed the actual cost in accordance with subsection F. When electronic or other databases are combined or contain exempt and nonexempt records, the public body<\/span> may provide access to the exempt records if not otherwise prohibited by law<\/span>, but shall provide access to the nonexempt records as provided by this chapter.\n\t\t\tPublic bodies<\/span> shall produce nonexempt records maintained in an electronic database in any tangible medium identified by the requester, including, where the public body<\/span> has the capability, the option of posting the records on a website or delivering the records through an electronic mail address provided by the requester, if that medium is used by the public body<\/span> in the regular course of business. No public body<\/span> shall be required to produce records from an electronic database in a format not regularly used by the public body<\/span>. However, the public body<\/span> shall make reasonable efforts to provide records in any format under such terms and conditions as agreed between the requester and public body<\/span>, including the payment of reasonable costs. The excision of exempt fields of information from a database or the conversion of data from one available format to another shall not be deemed the creation, preparation, or compilation of a new public record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In any case where a public body<\/span> determines in advance that charges for producing the requested records are likely to exceed $200, the public body<\/span> may, before continuing to process the request, require the requester to pay a deposit not to exceed the amount of the advance determination. The deposit shall be credited toward the final cost of supplying the requested records. The period within which the public body<\/span> shall respond under this section shall be tolled for the amount of time that elapses between notice of the advance determination and the response of the requester. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Before processing a request for records, a public body<\/span> may require the requester to pay any amounts owed to the public body<\/span> for previous requests for records that remain unpaid 30 days or more after billing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In the event a public body<\/span> has transferred possession<\/span> of public records<\/span> to any entity, including but not limited to any other public body<\/span>, for storage, maintenance, or archiving, the public body<\/span> initiating the transfer of such records shall remain the custodian of such records for purposes of responding to requests for public records<\/span> made pursuant to this chapter and shall be responsible for retrieving and supplying such public records<\/span> to the requester. In the event a public body<\/span> has transferred public records<\/span> for storage, maintenance, or archiving and such transferring public body<\/span> is no longer in existence, any public body<\/span> that is a successor to the transferring public body<\/span> shall be deemed the custodian of such records. In the event no successor entity exists, the entity in possession<\/span> of the public records<\/span> shall be deemed the custodian of the records for purposes of compliance with this chapter, and shall retrieve and supply such records to the requester. Nothing in this subsection shall be construed to apply to records transferred to the Library of Virginia for permanent archiving pursuant to the duties imposed by the Virginia Public Records<\/span> Act (§ 42.1-76<\/a> et seq.). In accordance with § 42.1-79<\/a>, the Library of Virginia shall be the custodian of such permanently archived records and shall be responsible for responding to requests for such records made pursuant to this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUBLIC RECORDS TO BE OPEN TO INSPECTION; PROCEDURE FOR REQUESTING RECORDS AND\nRESPONDING TO REQUEST; CHARGES; TRANSFER OF RECORDS FOR STORAGE, ETC (\u00a7\n2.2-3704)\n\nA. Except as otherwise specifically provided by law, all public records shall be\nopen to citizens of the Commonwealth, representatives of newspapers and\nmagazines with circulation in the Commonwealth, and representatives of radio and\ntelevision stations broadcasting in or into the Commonwealth during the regular\noffice hours of the custodian of such records. Access to such records shall be\nprovided by the custodian in accordance with this chapter by inspection or by\nproviding copies of the requested records, at the option of the requester. The\ncustodian may require the requester to provide his name and legal address. The\ncustodian of such records shall take all necessary precautions for their\npreservation and safekeeping.\n\nB. A request for public records shall identify the requested records with\nreasonable specificity. The request need not make reference to this chapter in\norder to invoke the provisions of this chapter or to impose the time limits for\nresponse by a public body. Any public body that is subject to this chapter and\nthat is the custodian of the requested records shall promptly, but in all cases\nwithin five working days of receiving a request, provide the requested records\nto the requester or make one of the following responses in writing:\n\n 1. The requested records are being entirely withheld. Such response shall\n identify with reasonable particularity the volume and subject matter of\n withheld records, and cite, as to each category of withheld records, the\n specific Code section that authorizes the withholding of the records.\n\n 2. The requested records are being provided in part and are being withheld in\n part. Such response shall identify with reasonable particularity the subject\n matter of withheld portions, and cite, as to each category of withheld\n records, the specific Code section that authorizes the withholding of the\n records.\n\n 3. The requested records could not be found or do not exist. However, if the\n public body that received the request knows that another public body has the\n requested records, the response shall include contact information for the\n other public body.\n\n 4. It is not practically possible to provide the requested records or to\n determine whether they are available within the five-work-day period. Such\n response shall specify the conditions that make a response impossible. If the\n response is made within five working days, the public body shall have an\n additional seven work days or, in the case of a request for criminal\n investigative files pursuant to § 2.2-3706.1, 60 work days in which to\n provide one of the four preceding responses.\n\nC. Any public body may petition the appropriate court for additional time to\nrespond to a request for records when the request is for an extraordinary volume\nof records or requires an extraordinarily lengthy search, and a response by the\npublic body within the time required by this chapter will prevent the public\nbody from meeting its operational responsibilities. Before proceeding with the\npetition, however, the public body shall make reasonable efforts to reach an\nagreement with the requester concerning the production of the records requested.\n\nD. Subject to the provisions of subsection G, no public body shall be required\nto create a new record if the record does not already exist. However, a public\nbody may abstract or summarize information under such terms and conditions as\nagreed between the requester and the public body.\n\nE. Failure to respond to a request for records shall be deemed a denial of the\nrequest and shall constitute a violation of this chapter.\n\nF. Except with regard to scholastic records requested pursuant to subdivision A\n1 of § 2.2-3705.4 that must be made available for inspection pursuant to\nthe federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)\nand such requests for scholastic records by a parent or legal guardian of a\nminor student or by a student who is 18 years of age or older, a public body may\nmake reasonable charges not to exceed its actual cost incurred in accessing,\nduplicating, supplying, or searching for the requested records and shall make\nall reasonable efforts to supply the requested records at the lowest possible\ncost. No public body shall impose any extraneous, intermediary, or surplus fees\nor expenses to recoup the general costs associated with creating or maintaining\nrecords or transacting the general business of the public body. Any duplicating\nfee charged by a public body shall not exceed the actual cost of duplication.\nThe public body may also make a reasonable charge for the cost incurred in\nsupplying records produced from a geographic information system at the request\nof anyone other than the owner of the land that is the subject of the request.\nHowever, such charges shall not exceed the actual cost to the public body in\nsupplying such records, except that the public body may charge, on a pro rata\nper acre basis, for the cost of creating topographical maps developed by the\npublic body, for such maps or portions thereof, which encompass a contiguous\narea greater than 50 acres. Prior to conducting a search for records, the public\nbody shall notify the requester in writing that the public body may make\nreasonable charges not to exceed its actual cost incurred in accessing,\nduplicating, supplying, or searching for requested records and inquire of the\nrequester whether he would like to request a cost estimate in advance of the\nsupplying of the requested records. The public body shall provide the requester\nwith a cost estimate if requested. The period within which the public body shall\nrespond under this section shall be tolled for the amount of time that elapses\nbetween notice of the cost estimate and the response of the requester. If the\npublic body receives no response from the requester within 30 days of sending\nthe cost estimate, the request shall be deemed to be withdrawn. Any costs\nincurred by the public body in estimating the cost of supplying the requested\nrecords shall be applied toward the overall charges to be paid by the requester\nfor the supplying of such requested records. Any local public body that charges\nfor the production of records pursuant to this section may provide an electronic\nmethod of payment through which all payments for the production of such records\nto such locality may be made. For purposes of this subsection, “electronic\nmethod of payment” means any kind of noncash payment that does not involve\na paper check and includes credit cards, debit cards, direct deposit, direct\ndebit, electronic checks, and payment through the use of telephonic or similar\ncommunications.\n\nG. Public records maintained by a public body in an electronic data processing\nsystem, computer database, or any other structured collection of data shall be\nmade available to a requester at a reasonable cost, not to exceed the actual\ncost in accordance with subsection F. When electronic or other databases are\ncombined or contain exempt and nonexempt records, the public body may provide\naccess to the exempt records if not otherwise prohibited by law, but shall\nprovide access to the nonexempt records as provided by this chapter.\n\t\t\tPublic bodies shall produce nonexempt records maintained in an electronic\ndatabase in any tangible medium identified by the requester, including, where\nthe public body has the capability, the option of posting the records on a\nwebsite or delivering the records through an electronic mail address provided by\nthe requester, if that medium is used by the public body in the regular course\nof business. No public body shall be required to produce records from an\nelectronic database in a format not regularly used by the public body. However,\nthe public body shall make reasonable efforts to provide records in any format\nunder such terms and conditions as agreed between the requester and public body,\nincluding the payment of reasonable costs. The excision of exempt fields of\ninformation from a database or the conversion of data from one available format\nto another shall not be deemed the creation, preparation, or compilation of a\nnew public record.\n\nH. In any case where a public body determines in advance that charges for\nproducing the requested records are likely to exceed $200, the public body may,\nbefore continuing to process the request, require the requester to pay a deposit\nnot to exceed the amount of the advance determination. The deposit shall be\ncredited toward the final cost of supplying the requested records. The period\nwithin which the public body shall respond under this section shall be tolled\nfor the amount of time that elapses between notice of the advance determination\nand the response of the requester.\n\nI. Before processing a request for records, a public body may require the\nrequester to pay any amounts owed to the public body for previous requests for\nrecords that remain unpaid 30 days or more after billing.\n\nJ. In the event a public body has transferred possession of public records to\nany entity, including but not limited to any other public body, for storage,\nmaintenance, or archiving, the public body initiating the transfer of such\nrecords shall remain the custodian of such records for purposes of responding to\nrequests for public records made pursuant to this chapter and shall be\nresponsible for retrieving and supplying such public records to the requester.\nIn the event a public body has transferred public records for storage,\nmaintenance, or archiving and such transferring public body is no longer in\nexistence, any public body that is a successor to the transferring public body\nshall be deemed the custodian of such records. In the event no successor entity\nexists, the entity in possession of the public records shall be deemed the\ncustodian of the records for purposes of compliance with this chapter, and shall\nretrieve and supply such records to the requester. Nothing in this subsection\nshall be construed to apply to records transferred to the Library of Virginia\nfor permanent archiving pursuant to the duties imposed by the Virginia Public\nRecords Act (§ 42.1-76 et seq.). In accordance with § 42.1-79, the\nLibrary of Virginia shall be the custodian of such permanently archived records\nand shall be responsible for responding to requests for such records made\npursuant to this chapter.\n\nHISTORY: 1968, c. 479, \u00a7 2.1-342; 1973, c. 461; 1974, c. 332; 1975, cc. 307,\n312; 1976, cc. 640, 709; 1977, c. 677; 1978, c. 810; 1979, cc. 682, 684, 686,\n689; 1980, cc. 678, 754; 1981, cc. 456, 464, 466, 589; 1982, cc. 225, 449, 452,\n560, 635; 1983, cc. 372, 462, 607; 1984, cc. 85, 395, 433, 513, 532; 1985, cc.\n81, 155, 502, 618; 1986, cc. 273, 291, 383, 469, 592; 1987, cc. 401, 491, 581;\n1988, cc. 39, 151, 395, 411, 891, 902; 1989, cc. 56, 358, 478; 1990, cc. 217,\n538, 721, 819, 968; 1991, cc. 213, 561; 1992, cc. 40, 150, 167, 200, 203, 207,\n593, 612; 1993, cc. 205, 270, 296, 537, 552, 638, 750, 883; 1994, cc. 485, 532,\n606, 839, 853, 918; 1995, cc. 299, 362, 499, 562, 638, 722, 812, 837; 1996, cc.\n168, 469, 589, 599, 783, 786, 794, 855, 862, 902, 905, 1001, 1046; 1997, cc.\n198, 295, 439, 567, 636, 641, 777, 782, 785, 838, 861; 1998, cc. 427, 891; 1999,\ncc. 438, 703, 726; 2001, c. 844; 2002, cc. 715, 830; 2003, cc. 275, 981, 1021;\n2007, c. 439; 2009, c. 626; 2010, c. 627; 2011, c. 604; 2016, cc. 620, 716;\n2017, c. 778; 2020, c. 1142; 2021, Sp. Sess. I, c. 483; 2022, c. 756; 2023, c.\n534.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}