{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3705.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3705.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3705.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3705.1.html"}],"law_id":72874,"edition_id":1,"section_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","history":"1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, \u00a7 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, \u00a7 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690; 2010, c. 553; 2016, cc. 620, 716, 729; 2017, cc. 140, 778; 2021, Sp. Sess. I, c. 484; 2022, c. 525; 2022, Sp. Sess. I, c. 19.","full_text":"The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01.\n\n1\n\nPersonnel information concerning identifiable individuals, except that access shall not be denied to the person who is the subject thereof. Any person who is the subject of such information and who is 18 years of age or older may waive, in writing, the protections afforded by this subdivision. If the protections are so waived, such information shall be disclosed. Nothing in this subdivision shall be construed to authorize the withholding of any resumes or applications submitted by persons who are appointed by the Governor pursuant to § 2.2-106 or 2.2-107.\n\t\t\tNo provision of this chapter or any provision of Chapter 38 (§ 2.2-3800 et seq.) shall be construed as denying public access to (i) contracts between a public body and its officers or employees, other than contracts settling public employee employment disputes held confidential as personnel records under § 2.2-3705.1; (ii) records of the name, position, job classification, official salary, or rate of pay of, and records of the allowances or reimbursements for expenses paid to, any officer, official, or employee of a public body; or (iii) the compensation or benefits paid by any corporation organized by the Virginia Retirement System or its officers or employees. The provisions of this subdivision, however, shall not require public access to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less.2\n\nWritten advice of legal counsel to state, regional or local public bodies or the officers or employees of such public bodies, and any other information protected by the attorney-client privilege.3\n\nLegal memoranda and other work product compiled specifically for use in litigation or for use in an active administrative investigation concerning a matter that is properly the subject of a closed meeting under § 2.2-3711.4\n\nAny test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student’s performance, (ii) any employee or employment seeker’s qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by a public body.\n\t\t\tAs used in this subdivision, “test or examination” shall include (a) any scoring key for any such test or examination and (b) any other document that would jeopardize the security of the test or examination. Nothing contained in this subdivision shall prohibit the release of test scores or results as provided by law, or limit access to individual records as provided by law. However, the subject of such employment tests shall be entitled to review and inspect all records relative to his performance on such employment tests.\n\t\t\tWhen, in the reasonable opinion of such public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, the test or examination shall be made available to the public. However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.5\n\nRecords recorded in or compiled exclusively for use in closed meetings lawfully held pursuant to § 2.2-3711. However, no record that is otherwise open to inspection under this chapter shall be deemed exempt by virtue of the fact that it has been reviewed or discussed in a closed meeting.6\n\nVendor proprietary information software that may be in the public records of a public body. For the purpose of this subdivision, “vendor proprietary information software” means computer programs acquired from a vendor for purposes of processing data for agencies or political subdivisions of the Commonwealth.7\n\nComputer software developed by or for a state agency, public institution of higher education in the Commonwealth, or political subdivision of the Commonwealth.8\n\nAppraisals and cost estimates of real property subject to a proposed purchase, sale, or lease, prior to the completion of such purchase, sale, or lease.9\n\nInformation concerning reserves established in specific claims administered by the Department of the Treasury through its Division of Risk Management as provided in Article 5 (§ 2.2-1832 et seq.) of Chapter 18, or by any county, city, or town; and investigative notes, correspondence and information furnished in confidence with respect to an investigation of a claim or a potential claim against a public body’s insurance policy or self-insurance plan. However, nothing in this subdivision shall prevent the disclosure of information taken from inactive reports upon expiration of the period of limitations for the filing of a civil suit.10\n\nPersonal contact information furnished to a public body or any of its members for the purpose of receiving electronic communications from the public body or any of its members, unless the recipient of such electronic communications indicates his approval for the public body to disclose such information. However, access shall not be denied to the person who is the subject of the record. As used in this subdivision, “personal contact information” means the information provided to the public body or any of its members for the purpose of receiving electronic communications from the public body or any of its members and includes home or business (i) address, (ii) email address, or (iii) telephone number or comparable number assigned to any other electronic communication device.11\n\nCommunications and materials required to be kept confidential pursuant to § 2.2-4119 of the Virginia Administrative Dispute Resolution Act (§ 2.2-4115 et seq.).12\n\nInformation relating to the negotiation and award of a specific contract where competition or bargaining is involved and where the release of such information would adversely affect the bargaining position or negotiating strategy of the public body. Such information shall not be withheld after the public body has made a decision to award or not to award the contract. In the case of procurement transactions conducted pursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq.), the provisions of this subdivision shall not apply, and any release of information relating to such transactions shall be governed by the Virginia Public Procurement Act.13\n\nAccount numbers or routing information for any credit card, debit card, or other account with a financial institution of any person or public body. However, access shall not be denied to the person who is the subject of the information. For the purposes of this subdivision, “financial institution” means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, savings and loan companies or associations, and credit unions.14\n\nNames and data of any kind that directly or indirectly identify an individual as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax pursuant to § 501(c) of the Internal Revenue Code, except for those entities established by or for, or in support of, a public body as authorized by state law, not to include a nonprofit foundation designed to support an institution of higher education or other educational or cultural institution subject to Title 23.1.","order_by":null,"text":{"0":{"id":262556,"text":"The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":262557,"text":"Personnel information concerning identifiable individuals, except that access shall not be denied to the person who is the subject thereof. Any person who is the subject of such information and who is 18 years of age or older may waive, in writing, the protections afforded by this subdivision. If the protections are so waived, such information shall be disclosed. Nothing in this subdivision shall be construed to authorize the withholding of any resumes or applications submitted by persons who are appointed by the Governor pursuant to § 2.2-106 or 2.2-107.\n\t\t\tNo provision of this chapter or any provision of Chapter 38 (§ 2.2-3800 et seq.) shall be construed as denying public access to (i) contracts between a public body and its officers or employees, other than contracts settling public employee employment disputes held confidential as personnel records under § 2.2-3705.1; (ii) records of the name, position, job classification, official salary, or rate of pay of, and records of the allowances or reimbursements for expenses paid to, any officer, official, or employee of a public body; or (iii) the compensation or benefits paid by any corporation organized by the Virginia Retirement System or its officers or employees. The provisions of this subdivision, however, shall not require public access to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":262558,"text":"Written advice of legal counsel to state, regional or local public bodies or the officers or employees of such public bodies, and any other information protected by the attorney-client privilege.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":262559,"text":"Legal memoranda and other work product compiled specifically for use in litigation or for use in an active administrative investigation concerning a matter that is properly the subject of a closed meeting under § 2.2-3711.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":262560,"text":"Any test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student’s performance, (ii) any employee or employment seeker’s qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by a public body.\n\t\t\tAs used in this subdivision, “test or examination” shall include (a) any scoring key for any such test or examination and (b) any other document that would jeopardize the security of the test or examination. Nothing contained in this subdivision shall prohibit the release of test scores or results as provided by law, or limit access to individual records as provided by law. However, the subject of such employment tests shall be entitled to review and inspect all records relative to his performance on such employment tests.\n\t\t\tWhen, in the reasonable opinion of such public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, the test or examination shall be made available to the public. However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":262561,"text":"Records recorded in or compiled exclusively for use in closed meetings lawfully held pursuant to § 2.2-3711. However, no record that is otherwise open to inspection under this chapter shall be deemed exempt by virtue of the fact that it has been reviewed or discussed in a closed meeting.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":262562,"text":"Vendor proprietary information software that may be in the public records of a public body. For the purpose of this subdivision, “vendor proprietary information software” means computer programs acquired from a vendor for purposes of processing data for agencies or political subdivisions of the Commonwealth.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":262563,"text":"Computer software developed by or for a state agency, public institution of higher education in the Commonwealth, or political subdivision of the Commonwealth.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":262564,"text":"Appraisals and cost estimates of real property subject to a proposed purchase, sale, or lease, prior to the completion of such purchase, sale, or lease.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":262565,"text":"Information concerning reserves established in specific claims administered by the Department of the Treasury through its Division of Risk Management as provided in Article 5 (§ 2.2-1832 et seq.) of Chapter 18, or by any county, city, or town; and investigative notes, correspondence and information furnished in confidence with respect to an investigation of a claim or a potential claim against a public body’s insurance policy or self-insurance plan. However, nothing in this subdivision shall prevent the disclosure of information taken from inactive reports upon expiration of the period of limitations for the filing of a civil suit.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":262566,"text":"Personal contact information furnished to a public body or any of its members for the purpose of receiving electronic communications from the public body or any of its members, unless the recipient of such electronic communications indicates his approval for the public body to disclose such information. However, access shall not be denied to the person who is the subject of the record. As used in this subdivision, “personal contact information” means the information provided to the public body or any of its members for the purpose of receiving electronic communications from the public body or any of its members and includes home or business (i) address, (ii) email address, or (iii) telephone number or comparable number assigned to any other electronic communication device.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":262567,"text":"Communications and materials required to be kept confidential pursuant to § 2.2-4119 of the Virginia Administrative Dispute Resolution Act (§ 2.2-4115 et seq.).","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":262568,"text":"Information relating to the negotiation and award of a specific contract where competition or bargaining is involved and where the release of such information would adversely affect the bargaining position or negotiating strategy of the public body. Such information shall not be withheld after the public body has made a decision to award or not to award the contract. In the case of procurement transactions conducted pursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq.), the provisions of this subdivision shall not apply, and any release of information relating to such transactions shall be governed by the Virginia Public Procurement Act.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":262569,"text":"Account numbers or routing information for any credit card, debit card, or other account with a financial institution of any person or public body. However, access shall not be denied to the person who is the subject of the information. For the purposes of this subdivision, “financial institution” means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, savings and loan companies or associations, and credit unions.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":262570,"text":"Names and data of any kind that directly or indirectly identify an individual as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax pursuant to § 501(c) of the Internal Revenue Code, except for those entities established by or for, or in support of, a public body as authorized by state law, not to include a nonprofit foundation designed to support an institution of higher education or other educational or cultural institution subject to Title 23.1.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3705.1\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 485<\/a>, 518<\/a>, 703<\/a>, 726<\/a>, 793<\/a>, 849<\/a>, 852<\/a>, 867<\/a>, 868<\/a>, and 881<\/a> 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. It has been modified 9 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 2000, chapters 66<\/a>, 237<\/a>, 382<\/a>, 400<\/a>, 430<\/a>, 583<\/a>, 589<\/a>, 592<\/a>, 594<\/a>, 618<\/a>, 632<\/a>, 657<\/a>, 720<\/a>, 932<\/a>, 933<\/a>, 947<\/a>, 1006<\/a>, and 1064<\/a>; in 2001, chapters 288<\/a>, 518<\/a>, and 844<\/a>; in 2002, chapters 87<\/a>, 155<\/a>, 242<\/a>, 393<\/a>, 478<\/a>, 481<\/a>, 499<\/a>, 522<\/a>, 571<\/a>, 572<\/a>, 633<\/a>, 655<\/a>, 715<\/a>, 798<\/a>, and 830<\/a>; in 2003, chapters 274<\/a>, 307<\/a>, 327<\/a>, 332<\/a>, 358<\/a>, 704<\/a>, 801<\/a>, 884<\/a>, 891<\/a>, 893<\/a>, 897<\/a>, and 968<\/a>; in 2004, chapter 690<\/a>; in 2010, chapter 553<\/a>; in 2016, chapters 620<\/a>, 716<\/a>, and 729<\/a>; in 2017, chapters 140<\/a> and 778<\/a>; in 2022, chapter 525<\/a>.<\/p>","references":[{"id":66050,"section_number":"12.1-19","catch_line":"Duties of clerk; records; copies; personal identifiable information; records related to the administrative activities of the Commission; unauthorized filings","order_by":null,"url":"\/12.1-19\/"},{"id":62411,"section_number":"2.2-3701","catch_line":"Definitions","order_by":null,"url":"\/2.2-3701\/"},{"id":72874,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","order_by":null,"url":"\/2.2-3705.1\/"},{"id":76628,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","order_by":null,"url":"\/2.2-3706\/"},{"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\/"}],"refers_to":[{"id":76294,"section_number":"2.2-106","catch_line":"Appointment of agency heads; disclosure of resumes; severance","order_by":null,"url":"\/2.2-106\/"},{"id":59013,"section_number":"2.2-107","catch_line":"Appointment of members of commissions, boards, and other collegial bodies; disclosure of resumes","order_by":null,"url":"\/2.2-107\/"},{"id":59008,"section_number":"2.2-1832","catch_line":"Division of Risk Management","order_by":null,"url":"\/2.2-1832\/"},{"id":59602,"section_number":"2.2-3704.01","catch_line":"Records containing both excluded and nonexcluded information; duty to redact","order_by":null,"url":"\/2.2-3704.01\/"},{"id":72874,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","order_by":null,"url":"\/2.2-3705.1\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":69409,"section_number":"2.2-3800","catch_line":"Short title; findings; principles of information practice","order_by":null,"url":"\/2.2-3800\/"},{"id":63251,"section_number":"2.2-4115","catch_line":"Definitions","order_by":null,"url":"\/2.2-4115\/"},{"id":80648,"section_number":"2.2-4119","catch_line":"Confidentiality between parties; exemption to Freedom of Information Act","order_by":null,"url":"\/2.2-4119\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"}],"permalink":{"id":176493,"object_type":"law","relational_id":72874,"identifier":"2.2-3705.1","token":"2.2\/II\/B\/37\/2.2-3705.1","url":"\/2.2-3705.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3705.1\/","token":"2.2\/II\/B\/37\/2.2-3705.1","dublin_core":{"Title":"Exclusions to application of chapter; exclusions of general application to public bodies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3705.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law<\/span>. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01<\/a>.<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Personnel information concerning identifiable individuals, except that access shall not be denied to the person who is the subject thereof. Any person who is the subject of such information and who is 18 years of age or older may waive<\/span>, in writing, the protections afforded by this subdivision. If the protections are so waived, such information shall be disclosed. Nothing in this subdivision shall be construed to authorize the withholding of any resumes or applications submitted by persons who are appointed by the Governor pursuant to § 2.2-106<\/a> or 2.2-107<\/a>.\n\t\t\tNo provision of this chapter or any provision of Chapter 38 (§ 2.2-3800<\/a> et seq.) shall be construed as denying public access to (i) contracts<\/span> between a public body<\/span> and its officers or employees, other than contracts<\/span> settling public employee employment disputes held confidential as personnel records under § 2.2-3705.1<\/a>; (ii) records of the name, position, job classification, official salary, or rate of pay of, and records of the allowances or reimbursements for expenses paid to, any officer, official, or employee of a public body<\/span>; or (iii) the compensation or benefits paid by any corporation organized by the Virginia Retirement System or its officers or employees. The provisions of this subdivision, however, shall not require public access to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Written advice of legal counsel<\/span> to state, regional or local public bodies<\/span> or the officers or employees of such public bodies<\/span>, and any other information protected by the attorney-client privilege<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Legal memoranda and other work product compiled specifically for use in litigation<\/span> or for use in an active administrative investigation concerning a matter that is properly the subject of a closed meeting<\/span> under § 2.2-3711<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any test or examination<\/span> used, administered or prepared by any public body<\/span> for purposes of evaluation of (i) any student or any student’s performance, (ii) any employee or employment seeker’s qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by a public body<\/span>.\n\t\t\tAs used in this subdivision, “test or examination<\/span>” shall include (a) any scoring key for any such test or examination<\/span> and (b) any other document that would jeopardize the security of the test or examination<\/span>. Nothing contained in this subdivision shall prohibit the release of test scores or results as provided by law<\/span>, or limit access to individual records as provided by law<\/span>. However, the subject of such employment tests shall be entitled to review and inspect all records relative to his performance on such employment tests.\n\t\t\tWhen, in the reasonable opinion<\/span> of such public body<\/span>, any such test or examination<\/span> no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, the test or examination<\/span> shall be made available to the public. However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Records recorded in or compiled exclusively for use in closed meetings<\/span> lawfully held pursuant to § 2.2-3711<\/a>. However, no record that is otherwise open to inspection under this chapter shall be deemed exempt by virtue of the fact<\/span> that it has been reviewed or discussed in a closed meeting<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Vendor proprietary information software<\/span> that may be in the public records<\/span> of a public body<\/span>. For the purpose of this subdivision, “vendor proprietary information software<\/span>” means computer programs acquired from a vendor for purposes of processing data for agencies or political subdivisions of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Computer software developed by or for a state agency<\/span>, public institution of higher education in the Commonwealth, or political subdivision of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Appraisals and cost estimates of real property subject to a proposed purchase, sale, or lease, prior to the completion of such purchase, sale, or lease. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Information concerning reserves established in specific claims administered by the Department of the Treasury through its Division of Risk Management as provided in Article 5 (§ 2.2-1832<\/a> et seq.) of Chapter 18, or by any county, city, or town; and investigative notes, correspondence and information furnished in confidence with respect to an investigation of a claim or a potential claim against a public body<\/span>’s insurance policy or self-insurance plan. However, nothing in this subdivision shall prevent the disclosure of information taken from inactive reports upon expiration of the period of limitations for the filing of a civil suit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Personal contact information<\/span> furnished to a public body<\/span> or any of its members for the purpose of receiving electronic communications<\/span> from the public body<\/span> or any of its members, unless the recipient of such electronic communications<\/span> indicates his approval for the public body<\/span> to disclose such information. However, access shall not be denied to the person who is the subject of the record. As used in this subdivision, “personal contact information<\/span>” means the information provided to the public body<\/span> or any of its members for the purpose of receiving electronic communications<\/span> from the public body<\/span> or any of its members and includes home or business (i) address, (ii) email address, or (iii) telephone number or comparable number assigned to any other electronic communication<\/span> device. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Communications and materials<\/span> required to be kept confidential pursuant to § 2.2-4119<\/a> of the Virginia Administrative Dispute Resolution Act (§ 2.2-4115<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Information relating to the negotiation and award of a specific contract<\/span> where competition or bargaining is involved and where the release of such information would adversely affect the bargaining position or negotiating strategy of the public body<\/span>. Such information shall not be withheld after the public body<\/span> has made a decision to award or not to award the contract<\/span>. In the case of procurement transactions conducted pursuant to the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.), the provisions of this subdivision shall not apply, and any release of information relating to such transactions shall be governed by the Virginia Public Procurement Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Account numbers or routing information for any credit card, debit card, or other account with a financial institution<\/span> of any person or public body<\/span>. However, access shall not be denied to the person who is the subject of the information. For the purposes of this subdivision, “financial institution<\/span>” means any organization authorized to do business under state or federal laws<\/span> relating to financial institutions<\/span>, including, without limitation, banks and trust companies, savings banks, savings and loan companies or associations, and credit unions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Names and data of any kind that directly or indirectly identify an individual as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax pursuant to § 501(c) of the Internal Revenue Code, except for those entities established by or for, or in support of, a public body<\/span> as authorized by state law<\/span>, not to include a nonprofit foundation designed to support an institution of higher education or other educational or cultural institution subject to Title 23.1. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCLUSIONS TO APPLICATION OF CHAPTER; EXCLUSIONS OF GENERAL APPLICATION TO\nPUBLIC BODIES (\u00a7 2.2-3705.1)\n\nThe following information contained in a public record is excluded from the\nmandatory disclosure provisions of this chapter but may be disclosed by the\ncustodian in his discretion, except where such disclosure is prohibited by law.\nRedaction of information excluded under this section from a public record shall\nbe conducted in accordance with \u00a7 2.2-3704.01.\n\n1. Personnel information concerning identifiable individuals, except that access\nshall not be denied to the person who is the subject thereof. Any person who is\nthe subject of such information and who is 18 years of age or older may waive,\nin writing, the protections afforded by this subdivision. If the protections are\nso waived, such information shall be disclosed. Nothing in this subdivision\nshall be construed to authorize the withholding of any resumes or applications\nsubmitted by persons who are appointed by the Governor pursuant to §\n2.2-106 or 2.2-107.\n\t\t\tNo provision of this chapter or any provision of Chapter 38 (§ 2.2-3800\net seq.) shall be construed as denying public access to (i) contracts between a\npublic body and its officers or employees, other than contracts settling public\nemployee employment disputes held confidential as personnel records under §\n2.2-3705.1; (ii) records of the name, position, job classification, official\nsalary, or rate of pay of, and records of the allowances or reimbursements for\nexpenses paid to, any officer, official, or employee of a public body; or (iii)\nthe compensation or benefits paid by any corporation organized by the Virginia\nRetirement System or its officers or employees. The provisions of this\nsubdivision, however, shall not require public access to records of the official\nsalaries or rates of pay of public employees whose annual rate of pay is $10,000\nor less.\n\n2. Written advice of legal counsel to state, regional or local public bodies or\nthe officers or employees of such public bodies, and any other information\nprotected by the attorney-client privilege.\n\n3. Legal memoranda and other work product compiled specifically for use in\nlitigation or for use in an active administrative investigation concerning a\nmatter that is properly the subject of a closed meeting under § 2.2-3711.\n\n4. Any test or examination used, administered or prepared by any public body for\npurposes of evaluation of (i) any student or any student’s performance,\n(ii) any employee or employment seeker’s qualifications or aptitude for\nemployment, retention, or promotion, or (iii) qualifications for any license or\ncertificate issued by a public body.\n\t\t\tAs used in this subdivision, “test or examination” shall include\n(a) any scoring key for any such test or examination and (b) any other document\nthat would jeopardize the security of the test or examination. Nothing contained\nin this subdivision shall prohibit the release of test scores or results as\nprovided by law, or limit access to individual records as provided by law.\nHowever, the subject of such employment tests shall be entitled to review and\ninspect all records relative to his performance on such employment tests.\n\t\t\tWhen, in the reasonable opinion of such public body, any such test or\nexamination no longer has any potential for future use, and the security of\nfuture tests or examinations will not be jeopardized, the test or examination\nshall be made available to the public. However, minimum competency tests\nadministered to public school children shall be made available to the public\ncontemporaneously with statewide release of the scores of those taking such\ntests, but in no event shall such tests be made available to the public later\nthan six months after the administration of such tests.\n\n5. Records recorded in or compiled exclusively for use in closed meetings\nlawfully held pursuant to § 2.2-3711. However, no record that is otherwise\nopen to inspection under this chapter shall be deemed exempt by virtue of the\nfact that it has been reviewed or discussed in a closed meeting.\n\n6. Vendor proprietary information software that may be in the public records of\na public body. For the purpose of this subdivision, “vendor proprietary\ninformation software” means computer programs acquired from a vendor for\npurposes of processing data for agencies or political subdivisions of the\nCommonwealth.\n\n7. Computer software developed by or for a state agency, public institution of\nhigher education in the Commonwealth, or political subdivision of the\nCommonwealth.\n\n8. Appraisals and cost estimates of real property subject to a proposed\npurchase, sale, or lease, prior to the completion of such purchase, sale, or\nlease.\n\n9. Information concerning reserves established in specific claims administered\nby the Department of the Treasury through its Division of Risk Management as\nprovided in Article 5 (§ 2.2-1832 et seq.) of Chapter 18, or by any county,\ncity, or town; and investigative notes, correspondence and information furnished\nin confidence with respect to an investigation of a claim or a potential claim\nagainst a public body’s insurance policy or self-insurance plan. However,\nnothing in this subdivision shall prevent the disclosure of information taken\nfrom inactive reports upon expiration of the period of limitations for the\nfiling of a civil suit.\n\n10. Personal contact information furnished to a public body or any of its\nmembers for the purpose of receiving electronic communications from the public\nbody or any of its members, unless the recipient of such electronic\ncommunications indicates his approval for the public body to disclose such\ninformation. However, access shall not be denied to the person who is the\nsubject of the record. As used in this subdivision, “personal contact\ninformation” means the information provided to the public body or any of\nits members for the purpose of receiving electronic communications from the\npublic body or any of its members and includes home or business (i) address,\n(ii) email address, or (iii) telephone number or comparable number assigned to\nany other electronic communication device.\n\n11. Communications and materials required to be kept confidential pursuant to\n§ 2.2-4119 of the Virginia Administrative Dispute Resolution Act (§\n2.2-4115 et seq.).\n\n12. Information relating to the negotiation and award of a specific contract\nwhere competition or bargaining is involved and where the release of such\ninformation would adversely affect the bargaining position or negotiating\nstrategy of the public body. Such information shall not be withheld after the\npublic body has made a decision to award or not to award the contract. In the\ncase of procurement transactions conducted pursuant to the Virginia Public\nProcurement Act (§ 2.2-4300 et seq.), the provisions of this subdivision\nshall not apply, and any release of information relating to such transactions\nshall be governed by the Virginia Public Procurement Act.\n\n13. Account numbers or routing information for any credit card, debit card, or\nother account with a financial institution of any person or public body.\nHowever, access shall not be denied to the person who is the subject of the\ninformation. For the purposes of this subdivision, “financial\ninstitution” means any organization authorized to do business under state\nor federal laws relating to financial institutions, including, without\nlimitation, banks and trust companies, savings banks, savings and loan companies\nor associations, and credit unions.\n\n14. Names and data of any kind that directly or indirectly identify an\nindividual as a member, supporter, or volunteer of, or donor of financial or\nnonfinancial support to, any entity exempt from federal income tax pursuant to\n§ 501(c) of the Internal Revenue Code, except for those entities\nestablished by or for, or in support of, a public body as authorized by state\nlaw, not to include a nonprofit foundation designed to support an institution of\nhigher education or other educational or cultural institution subject to Title\n23.1.\n\nHISTORY: 1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, \u00a7\n2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657,\n720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, \u00a7 2.2-3705; 2002, cc.\n87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,\ncc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, c. 690;\n2010, c. 553; 2016, cc. 620, 716, 729; 2017, cc. 140, 778; 2021, Sp. Sess. I, c.\n484; 2022, c. 525; 2022, Sp. Sess. I, c. 19.","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}}