{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3705.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3705.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3705.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3705.2.html"}],"law_id":67553,"edition_id":1,"section_id":67553,"structure_id":12976,"section_number":"2.2-3705.2","catch_line":"Exclusions to application of chapter; records relating to public safety","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, cc. 398, 482, 690, 770; 2005, c. 410; 2008, c. 721; 2009, c. 418; 2010, c. 672; 2011, cc. 111, 536; 2012, cc. 617, 803, 835; 2013, c. 600; 2015, c. 183; 2016, cc. 554, 620, 716, 717; 2017, c. 778; 2018, cc. 52, 741; 2019, c. 358; 2024, c. 671.","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\nConfidential information, including victim identity, provided to or obtained by staff in a rape crisis center or a program for battered spouses.2\n\nInformation that describes the design, function, operation, or access control features of any security system, whether manual or automated, which is used to control access to or use of any automated data processing or telecommunications system.3\n\nInformation that would disclose the security aspects of a system safety program plan adopted pursuant to Federal Transit Administration regulations by the Commonwealth’s designated Rail Fixed Guideway Systems Safety Oversight agency; and information in the possession of such agency, the release of which would jeopardize the success of an ongoing investigation of a rail accident or other incident threatening railway safety.4\n\nInformation concerning security plans and specific assessment components of school safety audits, as provided in § 22.1-279.8.\n\t\t\tNothing in this subdivision shall be construed to prevent the disclosure of information relating to the effectiveness of security plans after (i) any school building or property has been subjected to fire, explosion, natural disaster, or other catastrophic event or (ii) any person on school property has suffered or been threatened with any personal injury.5\n\nInformation concerning the mental health assessment of an individual subject to commitment as a sexually violent predator under Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 held by the Commitment Review Committee; except that in no case shall information identifying the victims of a sexually violent predator be disclosed.6\n\nSubscriber data provided directly or indirectly by a communications services provider to a public body that operates a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system if the data is in a form not made available by the communications services provider to the public generally. Nothing in this subdivision shall prevent the disclosure of subscriber data generated in connection with specific calls to a 911 emergency system, where the requester is seeking to obtain public records about the use of the system in response to a specific crime, emergency or other event as to which a citizen has initiated a 911 call.\n\t\t\tFor the purposes of this subdivision:\n\t\t\t“Communications services provider” means the same as that term is defined in § 58.1-647.\n\t\t\t“Subscriber data” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider.7\n\nSubscriber data collected by a local governing body in accordance with the Enhanced Public Safety Telephone Services Act (§ 56-484.12 et seq.) and other identifying information of a personal, medical, or financial nature provided to a local governing body in connection with a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system if such records are not otherwise publicly available.\n\t\t\tNothing in this subdivision shall prevent the disclosure of subscriber data generated in connection with specific calls to a 911 emergency system, where the requester is seeking to obtain public records about the use of the system in response to a specific crime, emergency or other event as to which a citizen has initiated a 911 call.\n\t\t\tFor the purposes of this subdivision:\n\t\t\t“Communications services provider” means the same as that term is defined in § 58.1-647.\n\t\t\t“Subscriber data” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider.8\n\nInformation held by the Virginia Military Advisory Council or any commission created by executive order for the purpose of studying and making recommendations regarding preventing closure or realignment of federal military and national security installations and facilities located in Virginia and relocation of such facilities to Virginia, or a local or regional military affairs organization appointed by a local governing body, that would (i) reveal strategies under consideration or development by the Council or such commission or organizations to prevent the closure or realignment of federal military installations located in Virginia or the relocation of national security facilities located in Virginia, to limit the adverse economic effect of such realignment, closure, or relocation, or to seek additional tenant activity growth from the Department of Defense or federal government or (ii) disclose trade secrets provided to the Council or such commission or organizations in connection with their work.\n\t\t\tIn order to invoke the trade secret protection provided by clause (ii), the submitting entity shall, in writing and at the time of submission (a) invoke this exclusion, (b) identify with specificity the information for which such protection is sought, and (c) state the reason why such protection is necessary. Nothing in this subdivision shall be construed to prevent the disclosure of all or part of any record, other than a trade secret that has been specifically identified as required by this subdivision, after the Department of Defense or federal agency has issued a final, unappealable decision, or in the event of litigation, a court of competent jurisdiction has entered a final, unappealable order concerning the closure, realignment, or expansion of the military installation or tenant activities, or the relocation of the national security facility, for which records are sought.9\n\nInformation, as determined by the State Comptroller, that describes the design, function, operation, or implementation of internal controls over the Commonwealth’s financial processes and systems, and the assessment of risks and vulnerabilities of those controls, including the annual assessment of internal controls mandated by the State Comptroller, if disclosure of such information would jeopardize the security of the Commonwealth’s financial assets. Nothing in this subdivision shall be construed to authorize the withholding of (i) the name of the public employee, officer, or official as it appears on a purchase card statement or other payment record or (ii) the description of individual purchases. Additionally, records relating to the investigation of and findings concerning the soundness of any fiscal process shall be disclosed in a form that does not compromise internal controls. Nothing in this subdivision shall be construed to prohibit the Auditor of Public Accounts or the Joint Legislative Audit and Review Commission from reporting internal control deficiencies discovered during the course of an audit.10\n\nInformation relating to the Statewide Agencies Radio System (STARS) or any other similar local or regional public safety communications system that (i) describes the design, function, programming, operation, or access control features of the overall system, components, structures, individual networks, and subsystems of the STARS or any other similar local or regional communications system or (ii) relates to radio frequencies assigned to or utilized by STARS or any other similar local or regional communications system, code plugs, circuit routing, addressing schemes, talk groups, fleet maps, encryption, or programming maintained by or utilized by STARS or any other similar local or regional public safety communications system.11\n\nInformation concerning a salaried or volunteer Fire\/EMS company or Fire\/EMS department if disclosure of such information would reveal the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties.12\n\nInformation concerning the disaster recovery plans or the evacuation plans in the event of fire, explosion, natural disaster, or other catastrophic event for hospitals and nursing homes regulated by the Board of Health pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 provided to the Department of Health. Nothing in this subdivision shall be construed to prevent the disclosure of information relating to the effectiveness of executed evacuation plans after the occurrence of fire, explosion, natural disaster, or other catastrophic event.13\n\nRecords received by the Department of Criminal Justice Services pursuant to §§ 9.1-184, 22.1-79.4, and 22.1-279.8 or for purposes of evaluating threat assessment teams established by a public institution of higher education pursuant to § 23.1-805 or by a private nonprofit institution of higher education, to the extent such records reveal security plans, walk-through checklists, or vulnerability and threat assessment components.14\n\nInformation contained in (i) engineering, architectural, or construction drawings; (ii) operational, procedural, tactical planning, or training manuals; (iii) staff meeting minutes; or (iv) other records that reveal any of the following, the disclosure of which would jeopardize the safety or security of any person; governmental facility, building, or structure or persons using such facility, building, or structure; or public or private commercial office, multifamily residential, or retail building or its occupants:\n\t\t\ta. Critical infrastructure information or the location or operation of security equipment and systems of any public building, structure, or information storage facility, including ventilation systems, fire protection equipment, mandatory building emergency equipment or systems, elevators, electrical systems, telecommunications equipment and systems, or utility equipment and systems;\n\t\t\tb. Vulnerability assessments, information not lawfully available to the public regarding specific cybersecurity threats or vulnerabilities, or security plans and measures of an entity, facility, building structure, information technology system, or software program;\n\t\t\tc. Surveillance techniques, personnel deployments, alarm or security systems or technologies, or operational or transportation plans or protocols; or\n\t\t\td. Interconnectivity, network monitoring, network operation centers, master sites, or systems related to the Statewide Agencies Radio System (STARS) or any other similar local or regional public safety communications system.\n\t\t\tThe same categories of records of any person or entity submitted to a public body for the purpose of antiterrorism response planning or cybersecurity planning or protection may be withheld from disclosure if such person or entity in writing (a) invokes the protections of this subdivision, (b) identifies with specificity the records or portions thereof for which protection is sought, and (c) states with reasonable particularity why the protection of such records from public disclosure is necessary to meet the objective of antiterrorism, cybersecurity planning or protection, or critical infrastructure information security and resilience. Such statement shall be a public record and shall be disclosed upon request.\n\t\t\tAny public body receiving a request for records excluded under clauses (a) and (b) of this subdivision 14 shall notify the Secretary of Public Safety and Homeland Security or his designee of such request and the response made by the public body in accordance with § 2.2-3704.\n\t\t\tNothing in this subdivision 14 shall prevent the disclosure of records relating to (1) the structural or environmental soundness of any such facility, building, or structure or (2) an inquiry into the performance of such facility, building, or structure after it has been subjected to fire, explosion, natural disaster, or other catastrophic event.\n\t\t\tAs used in this subdivision, “critical infrastructure information” means the same as that term is defined in 6 U.S.C. § 671.15\n\nInformation held by the Virginia Commercial Space Flight Authority that is categorized as classified or sensitive but unclassified, including national security, defense, and foreign policy information, provided that such information is exempt under the federal Freedom of Information Act, 5 U.S.C. § 552.","order_by":null,"text":{"0":{"id":244762,"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":244763,"text":"Confidential information, including victim identity, provided to or obtained by staff in a rape crisis center or a program for battered spouses.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":244764,"text":"Information that describes the design, function, operation, or access control features of any security system, whether manual or automated, which is used to control access to or use of any automated data processing or telecommunications system.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":244765,"text":"Information that would disclose the security aspects of a system safety program plan adopted pursuant to Federal Transit Administration regulations by the Commonwealth’s designated Rail Fixed Guideway Systems Safety Oversight agency; and information in the possession of such agency, the release of which would jeopardize the success of an ongoing investigation of a rail accident or other incident threatening railway safety.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":244766,"text":"Information concerning security plans and specific assessment components of school safety audits, as provided in § 22.1-279.8.\n\t\t\tNothing in this subdivision shall be construed to prevent the disclosure of information relating to the effectiveness of security plans after (i) any school building or property has been subjected to fire, explosion, natural disaster, or other catastrophic event or (ii) any person on school property has suffered or been threatened with any personal injury.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":244767,"text":"Information concerning the mental health assessment of an individual subject to commitment as a sexually violent predator under Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 held by the Commitment Review Committee; except that in no case shall information identifying the victims of a sexually violent predator be disclosed.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":244768,"text":"Subscriber data provided directly or indirectly by a communications services provider to a public body that operates a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system if the data is in a form not made available by the communications services provider to the public generally. Nothing in this subdivision shall prevent the disclosure of subscriber data generated in connection with specific calls to a 911 emergency system, where the requester is seeking to obtain public records about the use of the system in response to a specific crime, emergency or other event as to which a citizen has initiated a 911 call.\n\t\t\tFor the purposes of this subdivision:\n\t\t\t“Communications services provider” means the same as that term is defined in § 58.1-647.\n\t\t\t“Subscriber data” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":244769,"text":"Subscriber data collected by a local governing body in accordance with the Enhanced Public Safety Telephone Services Act (§ 56-484.12 et seq.) and other identifying information of a personal, medical, or financial nature provided to a local governing body in connection with a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system if such records are not otherwise publicly available.\n\t\t\tNothing in this subdivision shall prevent the disclosure of subscriber data generated in connection with specific calls to a 911 emergency system, where the requester is seeking to obtain public records about the use of the system in response to a specific crime, emergency or other event as to which a citizen has initiated a 911 call.\n\t\t\tFor the purposes of this subdivision:\n\t\t\t“Communications services provider” means the same as that term is defined in § 58.1-647.\n\t\t\t“Subscriber data” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":244770,"text":"Information held by the Virginia Military Advisory Council or any commission created by executive order for the purpose of studying and making recommendations regarding preventing closure or realignment of federal military and national security installations and facilities located in Virginia and relocation of such facilities to Virginia, or a local or regional military affairs organization appointed by a local governing body, that would (i) reveal strategies under consideration or development by the Council or such commission or organizations to prevent the closure or realignment of federal military installations located in Virginia or the relocation of national security facilities located in Virginia, to limit the adverse economic effect of such realignment, closure, or relocation, or to seek additional tenant activity growth from the Department of Defense or federal government or (ii) disclose trade secrets provided to the Council or such commission or organizations in connection with their work.\n\t\t\tIn order to invoke the trade secret protection provided by clause (ii), the submitting entity shall, in writing and at the time of submission (a) invoke this exclusion, (b) identify with specificity the information for which such protection is sought, and (c) state the reason why such protection is necessary. Nothing in this subdivision shall be construed to prevent the disclosure of all or part of any record, other than a trade secret that has been specifically identified as required by this subdivision, after the Department of Defense or federal agency has issued a final, unappealable decision, or in the event of litigation, a court of competent jurisdiction has entered a final, unappealable order concerning the closure, realignment, or expansion of the military installation or tenant activities, or the relocation of the national security facility, for which records are sought.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":244771,"text":"Information, as determined by the State Comptroller, that describes the design, function, operation, or implementation of internal controls over the Commonwealth’s financial processes and systems, and the assessment of risks and vulnerabilities of those controls, including the annual assessment of internal controls mandated by the State Comptroller, if disclosure of such information would jeopardize the security of the Commonwealth’s financial assets. Nothing in this subdivision shall be construed to authorize the withholding of (i) the name of the public employee, officer, or official as it appears on a purchase card statement or other payment record or (ii) the description of individual purchases. Additionally, records relating to the investigation of and findings concerning the soundness of any fiscal process shall be disclosed in a form that does not compromise internal controls. Nothing in this subdivision shall be construed to prohibit the Auditor of Public Accounts or the Joint Legislative Audit and Review Commission from reporting internal control deficiencies discovered during the course of an audit.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":244772,"text":"Information relating to the Statewide Agencies Radio System (STARS) or any other similar local or regional public safety communications system that (i) describes the design, function, programming, operation, or access control features of the overall system, components, structures, individual networks, and subsystems of the STARS or any other similar local or regional communications system or (ii) relates to radio frequencies assigned to or utilized by STARS or any other similar local or regional communications system, code plugs, circuit routing, addressing schemes, talk groups, fleet maps, encryption, or programming maintained by or utilized by STARS or any other similar local or regional public safety communications system.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":244773,"text":"Information concerning a salaried or volunteer Fire\/EMS company or Fire\/EMS department if disclosure of such information would reveal the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":244774,"text":"Information concerning the disaster recovery plans or the evacuation plans in the event of fire, explosion, natural disaster, or other catastrophic event for hospitals and nursing homes regulated by the Board of Health pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 provided to the Department of Health. Nothing in this subdivision shall be construed to prevent the disclosure of information relating to the effectiveness of executed evacuation plans after the occurrence of fire, explosion, natural disaster, or other catastrophic event.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":244775,"text":"Records received by the Department of Criminal Justice Services pursuant to §§ 9.1-184, 22.1-79.4, and 22.1-279.8 or for purposes of evaluating threat assessment teams established by a public institution of higher education pursuant to § 23.1-805 or by a private nonprofit institution of higher education, to the extent such records reveal security plans, walk-through checklists, or vulnerability and threat assessment components.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":244776,"text":"Information contained in (i) engineering, architectural, or construction drawings; (ii) operational, procedural, tactical planning, or training manuals; (iii) staff meeting minutes; or (iv) other records that reveal any of the following, the disclosure of which would jeopardize the safety or security of any person; governmental facility, building, or structure or persons using such facility, building, or structure; or public or private commercial office, multifamily residential, or retail building or its occupants:\n\t\t\ta. Critical infrastructure information or the location or operation of security equipment and systems of any public building, structure, or information storage facility, including ventilation systems, fire protection equipment, mandatory building emergency equipment or systems, elevators, electrical systems, telecommunications equipment and systems, or utility equipment and systems;\n\t\t\tb. Vulnerability assessments, information not lawfully available to the public regarding specific cybersecurity threats or vulnerabilities, or security plans and measures of an entity, facility, building structure, information technology system, or software program;\n\t\t\tc. Surveillance techniques, personnel deployments, alarm or security systems or technologies, or operational or transportation plans or protocols; or\n\t\t\td. Interconnectivity, network monitoring, network operation centers, master sites, or systems related to the Statewide Agencies Radio System (STARS) or any other similar local or regional public safety communications system.\n\t\t\tThe same categories of records of any person or entity submitted to a public body for the purpose of antiterrorism response planning or cybersecurity planning or protection may be withheld from disclosure if such person or entity in writing (a) invokes the protections of this subdivision, (b) identifies with specificity the records or portions thereof for which protection is sought, and (c) states with reasonable particularity why the protection of such records from public disclosure is necessary to meet the objective of antiterrorism, cybersecurity planning or protection, or critical infrastructure information security and resilience. Such statement shall be a public record and shall be disclosed upon request.\n\t\t\tAny public body receiving a request for records excluded under clauses (a) and (b) of this subdivision 14 shall notify the Secretary of Public Safety and Homeland Security or his designee of such request and the response made by the public body in accordance with § 2.2-3704.\n\t\t\tNothing in this subdivision 14 shall prevent the disclosure of records relating to (1) the structural or environmental soundness of any such facility, building, or structure or (2) an inquiry into the performance of such facility, building, or structure after it has been subjected to fire, explosion, natural disaster, or other catastrophic event.\n\t\t\tAs used in this subdivision, “critical infrastructure information” means the same as that term is defined in 6 U.S.C. § 671.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":244777,"text":"Information held by the Virginia Commercial Space Flight Authority that is categorized as classified or sensitive but unclassified, including national security, defense, and foreign policy information, provided that such information is exempt under the federal Freedom of Information Act, 5 U.S.C. § 552.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3705.2\/","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 18 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, chapters 398<\/a>, 482<\/a>, 690<\/a>, and 770<\/a>; in 2005, chapter 410<\/a>; in 2008, chapter 721<\/a>; in 2009, chapter 418<\/a>; in 2010, chapter 672<\/a>; in 2011, chapters 111<\/a> and 536<\/a>; in 2012, chapters 617<\/a>, 803<\/a>, and 835<\/a>; in 2013, chapter 600<\/a>; in 2015, chapter 183<\/a>; in 2016, chapters 554<\/a>, 620<\/a>, 716<\/a>, and 717<\/a>; in 2017, chapter 778<\/a>; in 2018, chapters 52<\/a> and 741<\/a>; in 2019, chapter 358<\/a>; in 2024, chapter 671<\/a>.<\/p>","references":[{"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":80015,"section_number":"22.1-279.8","catch_line":"School safety audits and school crisis, emergency management, and medical emergency response plans required","order_by":null,"url":"\/22.1-279.8\/"},{"id":84404,"section_number":"44-146.18:4","catch_line":"State Coordinator of Emergency Management responsible for annual Virginia Comprehensive Emergency Management Report","order_by":null,"url":"\/44-146.18_4\/"},{"id":70539,"section_number":"44-146.22","catch_line":"Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information","order_by":null,"url":"\/44-146.22\/"}],"refers_to":[{"id":55816,"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","order_by":null,"url":"\/2.2-3704\/"},{"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":80015,"section_number":"22.1-279.8","catch_line":"School safety audits and school crisis, emergency management, and medical emergency response plans required","order_by":null,"url":"\/22.1-279.8\/"},{"id":58943,"section_number":"22.1-79.4","catch_line":"Threat assessment teams and oversight committees","order_by":null,"url":"\/22.1-79.4\/"},{"id":68118,"section_number":"23.1-805","catch_line":"Violence prevention committee; threat assessment team","order_by":null,"url":"\/23.1-805\/"},{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":54917,"section_number":"56-484.12","catch_line":"Definitions","order_by":null,"url":"\/56-484.12\/"},{"id":67946,"section_number":"58.1-647","catch_line":"Definitions","order_by":null,"url":"\/58.1-647\/"},{"id":70579,"section_number":"9.1-184","catch_line":"Virginia Center for School and Campus Safety created; duties","order_by":null,"url":"\/9.1-184\/"}],"permalink":{"id":176497,"object_type":"law","relational_id":67553,"identifier":"2.2-3705.2","token":"2.2\/II\/B\/37\/2.2-3705.2","url":"\/2.2-3705.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3705.2\/","token":"2.2\/II\/B\/37\/2.2-3705.2","dublin_core":{"Title":"Exclusions to application of chapter; records relating to public safety","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3705.2","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> Confidential information, including victim identity, provided to or obtained by staff in a rape<\/span> crisis center or a program for battered spouses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Information that describes the design, function, operation, or access control features of any security system, whether manual or automated, which is used to control access to or use of any automated data processing or telecommunications system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Information that would disclose the security aspects of a system safety program plan adopted pursuant to Federal Transit Administration regulations by the Commonwealth’s designated Rail Fixed Guideway Systems Safety Oversight agency; and information in the possession<\/span> of such agency, the release of which would jeopardize the success of an ongoing investigation of a rail accident or other incident threatening railway safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Information concerning security plans and specific assessment components of school safety audits, as provided in § 22.1-279.8<\/a>.\n\t\t\tNothing in this subdivision shall be construed to prevent the disclosure of information relating to the effectiveness of security plans after (i) any school building or property has been subjected to fire, explosion, natural disaster, or other catastrophic event or (ii) any person on school property has suffered or been threatened with any personal injury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Information concerning the mental health assessment of an individual subject to commitment as a sexually violent predator under Chapter 9 (§ 37.2-900<\/a> et seq.) of Title 37.2 held by the Commitment Review Committee; except that in no case shall information identifying the victims of a sexually violent predator be disclosed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Subscriber data<\/span> provided directly or indirectly by a communications services provider<\/span> to a public body<\/span> that operates a 911 or E-911 emergency<\/span> dispatch system or an emergency<\/span> notification or reverse<\/span> 911 system if the data is in a form not made available by the communications services provider<\/span> to the public generally. Nothing in this subdivision shall prevent the disclosure of subscriber data<\/span> generated in connection with specific calls to a 911 emergency<\/span> system, where the requester is seeking to obtain public records<\/span> about the use of the system in response to a specific crime<\/span>, emergency<\/span> or other event as to which a citizen has initiated a 911 call.\n\t\t\tFor the purposes of this subdivision:\n\t\t\t“Communications services provider<\/span>” means the same as that term is defined in § 58.1-647<\/a>.\n\t\t\t“Subscriber data<\/span>” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Subscriber data<\/span> collected by a local governing body in accordance with the Enhanced Public Safety Telephone Services Act (§ 56-484.12<\/a> et seq.) and other identifying information of a personal, medical, or financial nature provided to a local governing body in connection with a 911 or E-911 emergency<\/span> dispatch system or an emergency<\/span> notification or reverse<\/span> 911 system if such records are not otherwise publicly available.\n\t\t\tNothing in this subdivision shall prevent the disclosure of subscriber data<\/span> generated in connection with specific calls to a 911 emergency<\/span> system, where the requester is seeking to obtain public records<\/span> about the use of the system in response to a specific crime<\/span>, emergency<\/span> or other event as to which a citizen has initiated a 911 call.\n\t\t\tFor the purposes of this subdivision:\n\t\t\t“Communications services provider<\/span>” means the same as that term is defined in § 58.1-647<\/a>.\n\t\t\t“Subscriber data<\/span>” means the name, address, telephone number, and any other information identifying a subscriber of a communications services provider<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Information held by the Virginia Military Advisory Council or any commission created by executive order<\/span> for the purpose of studying and making recommendations regarding preventing closure or realignment of federal military and national security installations and facilities located in Virginia and relocation of such facilities to Virginia, or a local or regional military affairs organization appointed by a local governing body, that would (i) reveal strategies under consideration or development by the Council or such commission or organizations to prevent the closure or realignment of federal military installations located in Virginia or the relocation of national security facilities located in Virginia, to limit the adverse economic effect of such realignment, closure, or relocation, or to seek additional tenant activity growth from the Department of Defense or federal government or (ii) disclose trade secrets<\/span> provided to the Council or such commission or organizations in connection with their work.\n\t\t\tIn order<\/span> to invoke the trade secret<\/span> protection provided by clause (ii), the submitting entity shall, in writing and at the time of submission (a) invoke this exclusion, (b) identify with specificity the information for which such protection is sought, and (c) state the reason why such protection is necessary. Nothing in this subdivision shall be construed to prevent the disclosure of all or part of any record, other than a trade secret<\/span> that has been specifically identified as required by this subdivision, after the Department of Defense or federal agency has issued a final, unappealable decision, or in the event of litigation<\/span>, a court<\/span> of competent jurisdiction<\/span> has entered a final, unappealable order<\/span> concerning the closure, realignment, or expansion of the military installation or tenant activities, or the relocation of the national security facility, for which records are sought. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Information, as determined by the State Comptroller, that describes the design, function, operation, or implementation of internal controls over the Commonwealth’s financial processes and systems, and the assessment of risks and vulnerabilities of those controls, including the annual assessment of internal controls mandated by the State Comptroller, if disclosure of such information would jeopardize the security of the Commonwealth’s financial assets<\/span>. Nothing in this subdivision shall be construed to authorize the withholding of (i) the name of the public employee, officer, or official as it appears on a purchase card statement or other payment record or (ii) the description of individual purchases. Additionally, records relating to the investigation of and findings<\/span> concerning the soundness of any fiscal process shall be disclosed in a form that does not compromise internal controls. Nothing in this subdivision shall be construed to prohibit the Auditor of Public Accounts or the Joint Legislative Audit and Review Commission from reporting internal control deficiencies discovered during the course of an audit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Information relating to the Statewide Agencies Radio System (STARS) or any other similar local or regional public safety communications system that (i) describes the design, function, programming, operation, or access control features of the overall system, components, structures, individual networks, and subsystems of the STARS or any other similar local or regional communications system or (ii) relates to radio frequencies assigned to or utilized by STARS or any other similar local or regional communications system, code plugs, circuit<\/span> routing, addressing schemes, talk groups, fleet maps, encryption, or programming maintained by or utilized by STARS or any other similar local or regional public safety communications system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Information concerning a salaried or volunteer Fire\/EMS company or Fire\/EMS department if disclosure of such information would reveal the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Information concerning the disaster recovery plans or the evacuation plans in the event of fire, explosion, natural disaster, or other catastrophic event for hospitals and nursing homes regulated by the Board of Health pursuant to Chapter 5 (§ 32.1-123<\/a> et seq.) of Title 32.1 provided to the Department of Health. Nothing in this subdivision shall be construed to prevent the disclosure of information relating to the effectiveness of executed evacuation plans after the occurrence of fire, explosion, natural disaster, or other catastrophic event. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Records received by the Department of Criminal Justice Services pursuant to §§ 9.1-184<\/a>, 22.1-79.4<\/a>, and 22.1-279.8<\/a> or for purposes of evaluating threat assessment teams established by a public institution of higher education pursuant to § 23.1-805<\/a> or by a private nonprofit institution of higher education, to the extent such records reveal security plans, walk-through checklists, or vulnerability and threat assessment components. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Information contained in (i) engineering, architectural, or construction drawings; (ii) operational, procedural, tactical planning, or training manuals; (iii) staff meeting<\/span> minutes; or (iv) other records that reveal any of the following, the disclosure of which would jeopardize the safety or security of any person; governmental facility, building, or structure or persons using such facility, building, or structure; or public or private commercial office, multifamily residential, or retail building or its occupants:\n\t\t\ta. Critical infrastructure information<\/span> or the location or operation of security equipment and systems of any public building, structure, or information storage facility, including ventilation systems, fire protection equipment, mandatory building emergency<\/span> equipment or systems, elevators, electrical systems, telecommunications equipment and systems, or utility equipment and systems;\n\t\t\tb. Vulnerability assessments, information not lawfully available to the public regarding specific cybersecurity threats or vulnerabilities, or security plans and measures of an entity, facility, building structure, information technology system, or software program;\n\t\t\tc. Surveillance techniques, personnel deployments, alarm or security systems or technologies, or operational or transportation plans or protocols; or\n\t\t\td. Interconnectivity, network monitoring, network operation centers, master sites, or systems related to the Statewide Agencies Radio System (STARS) or any other similar local or regional public safety communications system.\n\t\t\tThe same categories of records of any person or entity submitted to a public body<\/span> for the purpose of antiterrorism response planning or cybersecurity planning or protection may be withheld from disclosure if such person or entity in writing (a) invokes the protections of this subdivision, (b) identifies with specificity the records or portions thereof for which protection is sought, and (c) states with reasonable particularity why the protection of such records from public disclosure is necessary to meet the objective of antiterrorism, cybersecurity planning or protection, or critical infrastructure information<\/span> security and resilience. Such statement shall be a public record and shall be disclosed upon request.\n\t\t\tAny public body<\/span> receiving a request for records excluded under clauses (a) and (b) of this subdivision 14 shall notify the Secretary of Public Safety and Homeland Security or his designee of such request and the response made by the public body<\/span> in accordance with § 2.2-3704<\/a>.\n\t\t\tNothing in this subdivision 14 shall prevent the disclosure of records relating to (1) the structural or environmental soundness of any such facility, building, or structure or (2) an inquiry into the performance of such facility, building, or structure after it has been subjected to fire, explosion, natural disaster, or other catastrophic event.\n\t\t\tAs used in this subdivision, “critical infrastructure information<\/span>” means the same as that term is defined in 6 U.S.C. § 671. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Information held by the Virginia Commercial Space Flight Authority that is categorized as classified or sensitive but unclassified, including national security, defense, and foreign policy information, provided that such information is exempt under the federal Freedom of Information Act, 5 U.S.C. § 552. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCLUSIONS TO APPLICATION OF CHAPTER; RECORDS RELATING TO PUBLIC SAFETY (\u00a7\n2.2-3705.2)\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. Confidential information, including victim identity, provided to or obtained\nby staff in a rape crisis center or a program for battered spouses.\n\n2. Information that describes the design, function, operation, or access control\nfeatures of any security system, whether manual or automated, which is used to\ncontrol access to or use of any automated data processing or telecommunications\nsystem.\n\n3. Information that would disclose the security aspects of a system safety\nprogram plan adopted pursuant to Federal Transit Administration regulations by\nthe Commonwealth’s designated Rail Fixed Guideway Systems Safety Oversight\nagency; and information in the possession of such agency, the release of which\nwould jeopardize the success of an ongoing investigation of a rail accident or\nother incident threatening railway safety.\n\n4. Information concerning security plans and specific assessment components of\nschool safety audits, as provided in § 22.1-279.8.\n\t\t\tNothing in this subdivision shall be construed to prevent the disclosure of\ninformation relating to the effectiveness of security plans after (i) any school\nbuilding or property has been subjected to fire, explosion, natural disaster, or\nother catastrophic event or (ii) any person on school property has suffered or\nbeen threatened with any personal injury.\n\n5. Information concerning the mental health assessment of an individual subject\nto commitment as a sexually violent predator under Chapter 9 (§ 37.2-900 et\nseq.) of Title 37.2 held by the Commitment Review Committee; except that in no\ncase shall information identifying the victims of a sexually violent predator be\ndisclosed.\n\n6. Subscriber data provided directly or indirectly by a communications services\nprovider to a public body that operates a 911 or E-911 emergency dispatch system\nor an emergency notification or reverse 911 system if the data is in a form not\nmade available by the communications services provider to the public generally.\nNothing in this subdivision shall prevent the disclosure of subscriber data\ngenerated in connection with specific calls to a 911 emergency system, where the\nrequester is seeking to obtain public records about the use of the system in\nresponse to a specific crime, emergency or other event as to which a citizen has\ninitiated a 911 call.\n\t\t\tFor the purposes of this subdivision:\n\t\t\t“Communications services provider” means the same as that term is\ndefined in § 58.1-647.\n\t\t\t“Subscriber data” means the name, address, telephone number, and\nany other information identifying a subscriber of a communications services\nprovider.\n\n7. Subscriber data collected by a local governing body in accordance with the\nEnhanced Public Safety Telephone Services Act (§ 56-484.12 et seq.) and\nother identifying information of a personal, medical, or financial nature\nprovided to a local governing body in connection with a 911 or E-911 emergency\ndispatch system or an emergency notification or reverse 911 system if such\nrecords are not otherwise publicly available.\n\t\t\tNothing in this subdivision shall prevent the disclosure of subscriber data\ngenerated in connection with specific calls to a 911 emergency system, where the\nrequester is seeking to obtain public records about the use of the system in\nresponse to a specific crime, emergency or other event as to which a citizen has\ninitiated a 911 call.\n\t\t\tFor the purposes of this subdivision:\n\t\t\t“Communications services provider” means the same as that term is\ndefined in § 58.1-647.\n\t\t\t“Subscriber data” means the name, address, telephone number, and\nany other information identifying a subscriber of a communications services\nprovider.\n\n8. Information held by the Virginia Military Advisory Council or any commission\ncreated by executive order for the purpose of studying and making\nrecommendations regarding preventing closure or realignment of federal military\nand national security installations and facilities located in Virginia and\nrelocation of such facilities to Virginia, or a local or regional military\naffairs organization appointed by a local governing body, that would (i) reveal\nstrategies under consideration or development by the Council or such commission\nor organizations to prevent the closure or realignment of federal military\ninstallations located in Virginia or the relocation of national security\nfacilities located in Virginia, to limit the adverse economic effect of such\nrealignment, closure, or relocation, or to seek additional tenant activity\ngrowth from the Department of Defense or federal government or (ii) disclose\ntrade secrets provided to the Council or such commission or organizations in\nconnection with their work.\n\t\t\tIn order to invoke the trade secret protection provided by clause (ii), the\nsubmitting entity shall, in writing and at the time of submission (a) invoke\nthis exclusion, (b) identify with specificity the information for which such\nprotection is sought, and (c) state the reason why such protection is necessary.\nNothing in this subdivision shall be construed to prevent the disclosure of all\nor part of any record, other than a trade secret that has been specifically\nidentified as required by this subdivision, after the Department of Defense or\nfederal agency has issued a final, unappealable decision, or in the event of\nlitigation, a court of competent jurisdiction has entered a final, unappealable\norder concerning the closure, realignment, or expansion of the military\ninstallation or tenant activities, or the relocation of the national security\nfacility, for which records are sought.\n\n9. Information, as determined by the State Comptroller, that describes the\ndesign, function, operation, or implementation of internal controls over the\nCommonwealth’s financial processes and systems, and the assessment of\nrisks and vulnerabilities of those controls, including the annual assessment of\ninternal controls mandated by the State Comptroller, if disclosure of such\ninformation would jeopardize the security of the Commonwealth’s financial\nassets. Nothing in this subdivision shall be construed to authorize the\nwithholding of (i) the name of the public employee, officer, or official as it\nappears on a purchase card statement or other payment record or (ii) the\ndescription of individual purchases. Additionally, records relating to the\ninvestigation of and findings concerning the soundness of any fiscal process\nshall be disclosed in a form that does not compromise internal controls. Nothing\nin this subdivision shall be construed to prohibit the Auditor of Public\nAccounts or the Joint Legislative Audit and Review Commission from reporting\ninternal control deficiencies discovered during the course of an audit.\n\n10. Information relating to the Statewide Agencies Radio System (STARS) or any\nother similar local or regional public safety communications system that (i)\ndescribes the design, function, programming, operation, or access control\nfeatures of the overall system, components, structures, individual networks, and\nsubsystems of the STARS or any other similar local or regional communications\nsystem or (ii) relates to radio frequencies assigned to or utilized by STARS or\nany other similar local or regional communications system, code plugs, circuit\nrouting, addressing schemes, talk groups, fleet maps, encryption, or programming\nmaintained by or utilized by STARS or any other similar local or regional public\nsafety communications system.\n\n11. Information concerning a salaried or volunteer Fire\/EMS company or Fire\/EMS\ndepartment if disclosure of such information would reveal the telephone numbers\nfor cellular telephones, pagers, or comparable portable communication devices\nprovided to its personnel for use in the performance of their official duties.\n\n12. Information concerning the disaster recovery plans or the evacuation plans\nin the event of fire, explosion, natural disaster, or other catastrophic event\nfor hospitals and nursing homes regulated by the Board of Health pursuant to\nChapter 5 (§ 32.1-123 et seq.) of Title 32.1 provided to the Department of\nHealth. Nothing in this subdivision shall be construed to prevent the disclosure\nof information relating to the effectiveness of executed evacuation plans after\nthe occurrence of fire, explosion, natural disaster, or other catastrophic\nevent.\n\n13. Records received by the Department of Criminal Justice Services pursuant to\n§§ 9.1-184, 22.1-79.4, and 22.1-279.8 or for purposes of evaluating\nthreat assessment teams established by a public institution of higher education\npursuant to § 23.1-805 or by a private nonprofit institution of higher\neducation, to the extent such records reveal security plans, walk-through\nchecklists, or vulnerability and threat assessment components.\n\n14. Information contained in (i) engineering, architectural, or construction\ndrawings; (ii) operational, procedural, tactical planning, or training manuals;\n(iii) staff meeting minutes; or (iv) other records that reveal any of the\nfollowing, the disclosure of which would jeopardize the safety or security of\nany person; governmental facility, building, or structure or persons using such\nfacility, building, or structure; or public or private commercial office,\nmultifamily residential, or retail building or its occupants:\n\t\t\ta. Critical infrastructure information or the location or operation of\nsecurity equipment and systems of any public building, structure, or information\nstorage facility, including ventilation systems, fire protection equipment,\nmandatory building emergency equipment or systems, elevators, electrical\nsystems, telecommunications equipment and systems, or utility equipment and\nsystems;\n\t\t\tb. Vulnerability assessments, information not lawfully available to the\npublic regarding specific cybersecurity threats or vulnerabilities, or security\nplans and measures of an entity, facility, building structure, information\ntechnology system, or software program;\n\t\t\tc. Surveillance techniques, personnel deployments, alarm or security systems\nor technologies, or operational or transportation plans or protocols; or\n\t\t\td. Interconnectivity, network monitoring, network operation centers, master\nsites, or systems related to the Statewide Agencies Radio System (STARS) or any\nother similar local or regional public safety communications system.\n\t\t\tThe same categories of records of any person or entity submitted to a public\nbody for the purpose of antiterrorism response planning or cybersecurity\nplanning or protection may be withheld from disclosure if such person or entity\nin writing (a) invokes the protections of this subdivision, (b) identifies with\nspecificity the records or portions thereof for which protection is sought, and\n(c) states with reasonable particularity why the protection of such records from\npublic disclosure is necessary to meet the objective of antiterrorism,\ncybersecurity planning or protection, or critical infrastructure information\nsecurity and resilience. Such statement shall be a public record and shall be\ndisclosed upon request.\n\t\t\tAny public body receiving a request for records excluded under clauses (a)\nand (b) of this subdivision 14 shall notify the Secretary of Public Safety and\nHomeland Security or his designee of such request and the response made by the\npublic body in accordance with § 2.2-3704.\n\t\t\tNothing in this subdivision 14 shall prevent the disclosure of records\nrelating to (1) the structural or environmental soundness of any such facility,\nbuilding, or structure or (2) an inquiry into the performance of such facility,\nbuilding, or structure after it has been subjected to fire, explosion, natural\ndisaster, or other catastrophic event.\n\t\t\tAs used in this subdivision, “critical infrastructure\ninformation” means the same as that term is defined in 6 U.S.C. §\n671.\n\n15. Information held by the Virginia Commercial Space Flight Authority that is\ncategorized as classified or sensitive but unclassified, including national\nsecurity, defense, and foreign policy information, provided that such\ninformation is exempt under the federal Freedom of Information Act, 5 U.S.C.\n§ 552.\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, cc. 398,\n482, 690, 770; 2005, c. 410; 2008, c. 721; 2009, c. 418; 2010, c. 672; 2011, cc.\n111, 536; 2012, cc. 617, 803, 835; 2013, c. 600; 2015, c. 183; 2016, cc. 554,\n620, 716, 717; 2017, c. 778; 2018, cc. 52, 741; 2019, c. 358; 2024, c. 671.","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}}