{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3705.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3705.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3705.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3705.6.html"}],"law_id":59772,"edition_id":1,"section_id":59772,"structure_id":12976,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","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. 593, 690; 2005, cc. 258, 411; 2006, cc. 73, 76, 467, 831, 921, 936; 2006, Sp. Sess. I, c. 1; 2007, cc. 374, 693; 2008, cc. 71, 102, 266, 387, 633, 689, 736, 743; 2009, cc. 246, 311, 325, 765, 810, 869; 2010, cc. 310, 808; 2011, cc. 541, 781, 798, 871; 2012, cc. 693, 709; 2013, cc. 54, 482, 574; 2015, cc. 696, 697; 2016, cc. 620, 716, 724, 725, 775; 2017, cc. 662, 737, 778, 796, 816; 2018, cc. 470, 532, 533; 2019, cc. 358, 629; 2020, cc. 72, 79, 1164, 1169; 2021, Sp. Sess. I, cc. 298, 304, 532; 2022, cc. 554, 609; 2023, cc. 575, 576; 2025, cc. 90, 108.","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\nProprietary information gathered by or for the Virginia Port Authority as provided in § 62.1-132.4 or 62.1-134.1.2\n\nFinancial statements not publicly available filed with applications for industrial development financings in accordance with Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2.3\n\nProprietary information, voluntarily provided by private business pursuant to a promise of confidentiality from a public body, used by the public body for business, trade, and tourism development or retention; and memoranda, working papers, or other information related to businesses that are considering locating or expanding in Virginia, prepared by a public body, where competition or bargaining is involved and where disclosure of such information would adversely affect the financial interest of the public body.4\n\nInformation that was filed as confidential under the Toxic Substances Information Act (§ 32.1-239 et seq.), as such Act existed prior to July 1, 1992.5\n\nFisheries data that would permit identification of any person or vessel, except when required by court order as specified in § 28.2-204.6\n\nConfidential financial statements, balance sheets, trade secrets, and revenue and cost projections provided to the Department of Rail and Public Transportation, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration.7\n\nProprietary information related to inventory and sales, voluntarily provided by private energy suppliers to the Department of Energy, used by that Department for energy contingency planning purposes or for developing consolidated statistical information on energy supplies.8\n\nConfidential proprietary information furnished to the Board of Medical Assistance Services or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.9\n\nProprietary, commercial or financial information, balance sheets, trade secrets, and revenue and cost projections provided by a private transportation business to the Virginia Department of Transportation and the Department of Rail and Public Transportation for the purpose of conducting transportation studies needed to obtain grants or other financial assistance under the Transportation Equity Act for the 21st Century (P.L. 105-178) for transportation projects if disclosure of such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration. However, the exclusion provided by this subdivision shall not apply to any wholly owned subsidiary of a public body.10\n\nConfidential information designated as provided in subsection F of § 2.2-4342 as trade secrets or proprietary information by any person in connection with a procurement transaction or by any person who has submitted to a public body an application for prequalification to bid on public construction projects in accordance with subsection B of § 2.2-4317.11\n\na. Memoranda, staff evaluations, or other information prepared by the responsible public entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 (\u00a7 56-575.1 et seq.) where (i) if such information was made public prior to or after the execution of an interim or a comprehensive agreement, \u00a7 33.2-1820 or 56-575.17 notwithstanding, the financial interest or bargaining position of the public entity would be adversely affected and (ii) the basis for the determination required in clause (i) is documented in writing by the responsible public entity; and\n\t\t\tb. Information provided by a private entity to a responsible public entity, affected jurisdiction, or affected local jurisdiction pursuant to the provisions of the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 (\u00a7 56-575.1 et seq.) if disclosure of such information would reveal (i) trade secrets of the private entity; (ii) financial information of the private entity, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (iii) other information submitted by the private entity where if such information was made public prior to the execution of an interim agreement or a comprehensive agreement, the financial interest or bargaining position of the public or private entity would be adversely affected. In order for the information specified in clauses (i), (ii), and (iii) to be excluded from the provisions of this chapter, the private entity shall make a written request to the responsible public entity:1\n\nInvoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;2\n\nIdentifying with specificity the data or other materials for which protection is sought; and3\n\nStating the reasons why protection is necessary.\n\t\t\t\tThe responsible public entity shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. To protect other information submitted by the private entity from disclosure, the responsible public entity shall determine whether public disclosure prior to the execution of an interim agreement or a comprehensive agreement would adversely affect the financial interest or bargaining position of the public or private entity. The responsible public entity shall make a written determination of the nature and scope of the protection to be afforded by the responsible public entity under this subdivision. Once a written determination is made by the responsible public entity, the information afforded protection under this subdivision shall continue to be protected from disclosure when in the possession of any affected jurisdiction or affected local jurisdiction.\n\t\t\t\tExcept as specifically provided in subdivision 11 a, nothing in this subdivision shall be construed to authorize the withholding of (a) procurement records as required by § 33.2-1820 or 56-575.17; (b) information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the responsible public entity and the private entity; (c) information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or (d) information concerning the performance of any private entity developing or operating a qualifying transportation facility or a qualifying project.\n\t\t\t\tFor the purposes of this subdivision, the terms “affected jurisdiction,” “affected local jurisdiction,” “comprehensive agreement,” “interim agreement,” “qualifying project,” “qualifying transportation facility,” “responsible public entity,” and “private entity” shall mean the same as those terms are defined in the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or in the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.).12\n\nConfidential proprietary information or trade secrets, not publicly available, provided by a private person or entity pursuant to a promise of confidentiality to the Virginia Resources Authority or to a fund administered in connection with financial assistance rendered or to be rendered by the Virginia Resources Authority where, if such information were made public, the financial interest of the private person or entity would be adversely affected.13\n\nTrade secrets or confidential proprietary information that is not generally available to the public through regulatory disclosure or otherwise, provided by a (i) bidder or applicant for a franchise or (ii) franchisee under Chapter 21 (§ 15.2-2100 et seq.) of Title 15.2 to the applicable franchising authority pursuant to a promise of confidentiality from the franchising authority, to the extent the information relates to the bidder’s, applicant’s, or franchisee’s financial capacity or provision of new services, adoption of new technologies or implementation of improvements, where such new services, technologies, or improvements have not been implemented by the franchisee on a nonexperimental scale in the franchise area, and where, if such information were made public, the competitive advantage or financial interests of the franchisee would be adversely affected.\n\t\t\tIn order for trade secrets or confidential proprietary information to be excluded from the provisions of this chapter, the bidder, applicant, or franchisee shall (a) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (b) identify the data or other materials for which protection is sought, and (c) state the reason why protection is necessary.\n\t\t\tNo bidder, applicant, or franchisee may invoke the exclusion provided by this subdivision if the bidder, applicant, or franchisee is owned or controlled by a public body or if any representative of the applicable franchising authority serves on the management board or as an officer of the bidder, applicant, or franchisee.14\n\nInformation of a proprietary or confidential nature furnished by a supplier or manufacturer of charitable gaming supplies to the Department of Agriculture and Consumer Services (i) pursuant to subsection E of § 18.2-340.34 and (ii) pursuant to regulations promulgated by the Commissioner of Agriculture and Consumer Services related to approval of electronic and mechanical equipment.15\n\nInformation related to Virginia apple producer sales provided to the Virginia State Apple Board pursuant to § 3.2-1215.16\n\nTrade secrets submitted by CMRS providers as defined in § 56-484.12 to the former Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to former § 56-484.15, relating to the provision of wireless E-911 service.17\n\nInformation relating to a grant or loan application, or accompanying a grant or loan application, to the Commonwealth Health Research Board pursuant to Chapter 5.3 (§ 32.1-162.23 et seq.) of Title 32.1 if disclosure of such information would (i) reveal proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant.18\n\nConfidential proprietary information and trade secrets developed and held by a local public body (i) providing telecommunication services pursuant to § 56-265.4:4 and (ii) providing cable television services pursuant to Article 1.1 (§ 15.2-2108.2 et seq.) of Chapter 21 of Title 15.2 if disclosure of such information would be harmful to the competitive position of the locality.\n\t\t\tIn order for confidential proprietary information or trade secrets to be excluded from the provisions of this chapter, the locality in writing shall (a) invoke the protections of this subdivision, (b) identify with specificity the information for which protection is sought, and (c) state the reasons why protection is necessary. However, the exemption provided by this subdivision shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200 et seq.).19\n\nConfidential proprietary information and trade secrets developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) to provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56, where disclosure of such information would be harmful to the competitive position of the authority, except that information required to be maintained in accordance with § 15.2-2160 shall be released.20\n\nTrade secrets or financial information of a business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, provided to the Department of Small Business and Supplier Diversity as part of an application for certification as a small, women-owned, or minority-owned business in accordance with Chapter 16.1 (§ 2.2-1603 et seq.). In order for such trade secrets or financial information to be excluded from the provisions of this chapter, the business shall (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary.21\n\nInformation of a proprietary or confidential nature disclosed by a carrier to the State Health Commissioner pursuant to §§ 32.1-276.5:1 and 32.1-276.7:1.22\n\nTrade secrets, including, but not limited to, financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the State Inspector General for the purpose of an audit, special investigation, or any study requested by the Office of the State Inspector General in accordance with law.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the State Inspector General:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe State Inspector General shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. The State Inspector General shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.23\n\nInformation relating to a grant application, or accompanying a grant application, submitted to the Tobacco Region Revitalization Commission that would (i) reveal (a) trade secrets, (b) financial information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant; and memoranda, staff evaluations, or other information prepared by the Commission or its staff exclusively for the evaluation of grant applications. The exclusion provided by this subdivision shall apply to grants that are consistent with the powers of and in furtherance of the performance of the duties of the Commission pursuant to § 3.2-3103.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the applicant shall make a written request to the Commission:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Commission shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets, financial information, or research-related information of the applicant. The Commission shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.24\n\na. Information held by the Commercial Space Flight Authority relating to rate structures or charges for the use of projects of, the sale of products of, or services rendered by the Authority if disclosure of such information would adversely affect the financial interest or bargaining position of the Authority or a private entity providing the information to the Authority; or\n\t\t\tb. Information provided by a private entity to the Commercial Space Flight Authority if disclosure of such information would (i) reveal (a) trade secrets of the private entity; (b) financial information of the private entity, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private entity and (ii) adversely affect the financial interest or bargaining position of the Authority or private entity.\n\t\t\tIn order for the information specified in clauses (a), (b), and (c) of subdivision 24 b to be excluded from the provisions of this chapter, the private entity shall make a written request to the Authority:1\n\nInvoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;2\n\nIdentifying with specificity the data or other materials for which protection is sought; and3\n\nStating the reasons why protection is necessary.\n\t\t\t\tThe Authority shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. To protect other information submitted by the private entity from disclosure, the Authority shall determine whether public disclosure would adversely affect the financial interest or bargaining position of the Authority or private entity. The Authority shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.25\n\nInformation of a proprietary nature furnished by an agricultural landowner or operator to the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Agriculture and Consumer Services, or any political subdivision, agency, or board of the Commonwealth pursuant to §§ 10.1-104.7, 10.1-104.8, and 10.1-104.9, other than when required as part of a state or federal regulatory enforcement action.26\n\nTrade secrets provided to the Department of Environmental Quality pursuant to the provisions of § 10.1-1458. In order for such trade secrets to be excluded from the provisions of this chapter, the submitting party shall (i) invoke this exclusion upon submission of the data or materials for which protection from disclosure is sought, (ii) identify the data or materials for which protection is sought, and (iii) state the reasons why protection is necessary.27\n\nInformation of a proprietary nature furnished by a licensed public-use airport to the Department of Aviation for funding from programs administered by the Department of Aviation or the Virginia Aviation Board, where if such information was made public, the financial interest of the public-use airport would be adversely affected.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the public-use airport shall make a written request to the Department of Aviation:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.28\n\nInformation relating to a grant, loan, or investment application, or accompanying a grant, loan, or investment application, submitted to the Commonwealth of Virginia Innovation Partnership Authority (the Authority) established pursuant to Article 11 (§ 2.2-2351 et seq.) of Chapter 22, an advisory committee of the Authority, or any other entity designated by the Authority to review such applications, to the extent that such records would (i) reveal (a) trade secrets; (b) financial information of a party to a grant, loan, or investment application that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) research-related information produced or collected by a party to the application in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of a party to a grant, loan, or investment application; and memoranda, staff evaluations, or other information prepared by the Authority or its staff, or a reviewing entity designated by the Authority, exclusively for the evaluation of grant, loan, or investment applications, including any scoring or prioritization documents prepared for and forwarded to the Authority.29\n\nProprietary information, voluntarily provided by a private business pursuant to a promise of confidentiality from a public body, used by the public body for a solar services or carbon sequestration agreement, where disclosure of such information would (i) reveal (a) trade secrets of the private business; (b) financial information of the private business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private business and (ii) adversely affect the financial interest or bargaining position of the public body or private business.\n\t\t\tIn order for the information specified in clauses (i)(a), (b), and (c) to be excluded from the provisions of this chapter, the private business shall make a written request to the public body:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.30\n\nInformation contained in engineering and construction drawings and plans submitted for the sole purpose of complying with the Building Code in obtaining a building permit if disclosure of such information would identify specific trade secrets or other information that would be harmful to the competitive position of the owner or lessee. However, such information shall be exempt only until the building is completed. Information relating to the safety or environmental soundness of any building shall not be exempt from disclosure.31\n\nTrade secrets, including, but not limited to, financial information, including balance sheets and financial statements that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Virginia Department of Transportation for the purpose of an audit, special investigation, or any study requested by the Virginia Department of Transportation in accordance with law.\n\t\t\tIn order for the records specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the Department:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Virginia Department of Transportation shall determine whether the requested exclusion from disclosure is necessary to protect trade secrets or financial records of the private entity. The Virginia Department of Transportation shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.32\n\nInformation related to a grant application, or accompanying a grant application, submitted to the Department of Housing and Community Development that would (i) reveal (a) trade secrets, (b) financial information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant. The exclusion provided by this subdivision shall only apply to grants administered by the Department, the Director of the Department, or pursuant to § 36-139, Article 26 (§ 2.2-2484 et seq.) of Chapter 24, or the Virginia Telecommunication Initiative as authorized by the appropriations act.\n\t\t\tIn order for the information submitted by the applicant and specified in this subdivision to be excluded from the provisions of this chapter, the applicant shall make a written request to the Department:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information, or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Department shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or confidential proprietary information of the applicant. The Department shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.33\n\nFinancial and proprietary records submitted with a loan application to a locality for the preservation or construction of affordable housing that is related to a competitive application to be submitted to either the U.S. Department of Housing and Urban Development (HUD) or the Virginia Housing Development Authority (VHDA), when the release of such records would adversely affect the bargaining or competitive position of the applicant. Such records shall not be withheld after they have been made public by HUD or VHDA.34\n\nInformation of a proprietary or confidential nature disclosed by a health carrier or pharmacy benefits manager pursuant to § 38.2-3407.15:6, a wholesale distributor pursuant to § 54.1-3436.1, or a manufacturer pursuant to § 54.1-3442.02.35\n\nTrade secrets, proprietary information, or financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, supplied by an individual or a private or nongovernmental entity to the Fort Monroe Authority for the purpose of complying with the obligations of any lease, easement, license, permit, or other agreement, whether of a commercial or residential real estate nature, pertaining to the use or occupancy of any portion of Fort Monroe.\n\t\t\tIn order for the records specified in this subdivision to be excluded from the provisions of this chapter, the individual or private or nongovernmental entity shall make a written request to the Fort Monroe Authority:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information, or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.36\n\nInformation of a proprietary or confidential nature, including trade secrets, employee compensation information, balance sheets and financial statements that are not available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Department of Workforce Development and Advancement (the Department) for the purpose of sponsoring, implementing, and operating (i) an apprenticeship program approved by the Department or (ii) a similar lawful workforce development or public-private partnership approved by the Department that assists the Department in fulfilling its mission and objectives and whose workforce development initiative could not advance without such exemption, as determined by the Commissioner of the Department and the Secretary of Labor. However, nothing in this subdivision shall be construed to allow the withholding of the name and contact information of a private or nongovernmental entity sponsoring, implementing, or operating the apprenticeship program, the location of the program, the occupations offered by the program, or the terms and conditions of a contract or agreement entered into by such private or nongovernmental entity.","order_by":null,"text":{"0":{"id":218888,"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":218889,"text":"Proprietary information gathered by or for the Virginia Port Authority as provided in § 62.1-132.4 or 62.1-134.1.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":218890,"text":"Financial statements not publicly available filed with applications for industrial development financings in accordance with Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":218891,"text":"Proprietary information, voluntarily provided by private business pursuant to a promise of confidentiality from a public body, used by the public body for business, trade, and tourism development or retention; and memoranda, working papers, or other information related to businesses that are considering locating or expanding in Virginia, prepared by a public body, where competition or bargaining is involved and where disclosure of such information would adversely affect the financial interest of the public body.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":218892,"text":"Information that was filed as confidential under the Toxic Substances Information Act (§ 32.1-239 et seq.), as such Act existed prior to July 1, 1992.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":218893,"text":"Fisheries data that would permit identification of any person or vessel, except when required by court order as specified in § 28.2-204.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":218894,"text":"Confidential financial statements, balance sheets, trade secrets, and revenue and cost projections provided to the Department of Rail and Public Transportation, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":218895,"text":"Proprietary information related to inventory and sales, voluntarily provided by private energy suppliers to the Department of Energy, used by that Department for energy contingency planning purposes or for developing consolidated statistical information on energy supplies.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":218896,"text":"Confidential proprietary information furnished to the Board of Medical Assistance Services or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":218897,"text":"Proprietary, commercial or financial information, balance sheets, trade secrets, and revenue and cost projections provided by a private transportation business to the Virginia Department of Transportation and the Department of Rail and Public Transportation for the purpose of conducting transportation studies needed to obtain grants or other financial assistance under the Transportation Equity Act for the 21st Century (P.L. 105-178) for transportation projects if disclosure of such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration. However, the exclusion provided by this subdivision shall not apply to any wholly owned subsidiary of a public body.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":218898,"text":"Confidential information designated as provided in subsection F of § 2.2-4342 as trade secrets or proprietary information by any person in connection with a procurement transaction or by any person who has submitted to a public body an application for prequalification to bid on public construction projects in accordance with subsection B of § 2.2-4317.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":218899,"text":"a. Memoranda, staff evaluations, or other information prepared by the responsible public entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 (\u00a7 56-575.1 et seq.) where (i) if such information was made public prior to or after the execution of an interim or a comprehensive agreement, \u00a7 33.2-1820 or 56-575.17 notwithstanding, the financial interest or bargaining position of the public entity would be adversely affected and (ii) the basis for the determination required in clause (i) is documented in writing by the responsible public entity; and\n\t\t\tb. Information provided by a private entity to a responsible public entity, affected jurisdiction, or affected local jurisdiction pursuant to the provisions of the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 (\u00a7 56-575.1 et seq.) if disclosure of such information would reveal (i) trade secrets of the private entity; (ii) financial information of the private entity, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (iii) other information submitted by the private entity where if such information was made public prior to the execution of an interim agreement or a comprehensive agreement, the financial interest or bargaining position of the public or private entity would be adversely affected. In order for the information specified in clauses (i), (ii), and (iii) to be excluded from the provisions of this chapter, the private entity shall make a written request to the responsible public entity:","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"111"},"12":{"id":218900,"text":"Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;","type":"section","prefixes":["11","1"],"prefix":"1","entire_prefix":"111","prefix_anchor":"111","level":2,"prior_prefix":"11","next_prefix":"112"},"13":{"id":218901,"text":"Identifying with specificity the data or other materials for which protection is sought; and","type":"section","prefixes":["11","2"],"prefix":"2","entire_prefix":"112","prefix_anchor":"112","level":2,"prior_prefix":"111","next_prefix":"113"},"14":{"id":218902,"text":"Stating the reasons why protection is necessary.\n\t\t\t\tThe responsible public entity shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. To protect other information submitted by the private entity from disclosure, the responsible public entity shall determine whether public disclosure prior to the execution of an interim agreement or a comprehensive agreement would adversely affect the financial interest or bargaining position of the public or private entity. The responsible public entity shall make a written determination of the nature and scope of the protection to be afforded by the responsible public entity under this subdivision. Once a written determination is made by the responsible public entity, the information afforded protection under this subdivision shall continue to be protected from disclosure when in the possession of any affected jurisdiction or affected local jurisdiction.\n\t\t\t\tExcept as specifically provided in subdivision 11 a, nothing in this subdivision shall be construed to authorize the withholding of (a) procurement records as required by § 33.2-1820 or 56-575.17; (b) information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the responsible public entity and the private entity; (c) information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or (d) information concerning the performance of any private entity developing or operating a qualifying transportation facility or a qualifying project.\n\t\t\t\tFor the purposes of this subdivision, the terms “affected jurisdiction,” “affected local jurisdiction,” “comprehensive agreement,” “interim agreement,” “qualifying project,” “qualifying transportation facility,” “responsible public entity,” and “private entity” shall mean the same as those terms are defined in the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or in the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.).","type":"section","prefixes":["11","3"],"prefix":"3","entire_prefix":"113","prefix_anchor":"113","level":2,"prior_prefix":"112","next_prefix":"12"},"15":{"id":218903,"text":"Confidential proprietary information or trade secrets, not publicly available, provided by a private person or entity pursuant to a promise of confidentiality to the Virginia Resources Authority or to a fund administered in connection with financial assistance rendered or to be rendered by the Virginia Resources Authority where, if such information were made public, the financial interest of the private person or entity would be adversely affected.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"113","next_prefix":"13"},"16":{"id":218904,"text":"Trade secrets or confidential proprietary information that is not generally available to the public through regulatory disclosure or otherwise, provided by a (i) bidder or applicant for a franchise or (ii) franchisee under Chapter 21 (§ 15.2-2100 et seq.) of Title 15.2 to the applicable franchising authority pursuant to a promise of confidentiality from the franchising authority, to the extent the information relates to the bidder’s, applicant’s, or franchisee’s financial capacity or provision of new services, adoption of new technologies or implementation of improvements, where such new services, technologies, or improvements have not been implemented by the franchisee on a nonexperimental scale in the franchise area, and where, if such information were made public, the competitive advantage or financial interests of the franchisee would be adversely affected.\n\t\t\tIn order for trade secrets or confidential proprietary information to be excluded from the provisions of this chapter, the bidder, applicant, or franchisee shall (a) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (b) identify the data or other materials for which protection is sought, and (c) state the reason why protection is necessary.\n\t\t\tNo bidder, applicant, or franchisee may invoke the exclusion provided by this subdivision if the bidder, applicant, or franchisee is owned or controlled by a public body or if any representative of the applicable franchising authority serves on the management board or as an officer of the bidder, applicant, or franchisee.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"17":{"id":218905,"text":"Information of a proprietary or confidential nature furnished by a supplier or manufacturer of charitable gaming supplies to the Department of Agriculture and Consumer Services (i) pursuant to subsection E of § 18.2-340.34 and (ii) pursuant to regulations promulgated by the Commissioner of Agriculture and Consumer Services related to approval of electronic and mechanical equipment.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"18":{"id":218906,"text":"Information related to Virginia apple producer sales provided to the Virginia State Apple Board pursuant to § 3.2-1215.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"19":{"id":218907,"text":"Trade secrets submitted by CMRS providers as defined in § 56-484.12 to the former Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to former § 56-484.15, relating to the provision of wireless E-911 service.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"20":{"id":218908,"text":"Information relating to a grant or loan application, or accompanying a grant or loan application, to the Commonwealth Health Research Board pursuant to Chapter 5.3 (§ 32.1-162.23 et seq.) of Title 32.1 if disclosure of such information would (i) reveal proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"21":{"id":218909,"text":"Confidential proprietary information and trade secrets developed and held by a local public body (i) providing telecommunication services pursuant to § 56-265.4:4 and (ii) providing cable television services pursuant to Article 1.1 (§ 15.2-2108.2 et seq.) of Chapter 21 of Title 15.2 if disclosure of such information would be harmful to the competitive position of the locality.\n\t\t\tIn order for confidential proprietary information or trade secrets to be excluded from the provisions of this chapter, the locality in writing shall (a) invoke the protections of this subdivision, (b) identify with specificity the information for which protection is sought, and (c) state the reasons why protection is necessary. However, the exemption provided by this subdivision shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200 et seq.).","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"22":{"id":218910,"text":"Confidential proprietary information and trade secrets developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) to provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56, where disclosure of such information would be harmful to the competitive position of the authority, except that information required to be maintained in accordance with § 15.2-2160 shall be released.","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"20"},"23":{"id":218911,"text":"Trade secrets or financial information of a business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, provided to the Department of Small Business and Supplier Diversity as part of an application for certification as a small, women-owned, or minority-owned business in accordance with Chapter 16.1 (§ 2.2-1603 et seq.). In order for such trade secrets or financial information to be excluded from the provisions of this chapter, the business shall (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary.","type":"section","prefixes":["20"],"prefix":"20","entire_prefix":"20","prefix_anchor":"20","level":1,"prior_prefix":"19","next_prefix":"21"},"24":{"id":218912,"text":"Information of a proprietary or confidential nature disclosed by a carrier to the State Health Commissioner pursuant to §§ 32.1-276.5:1 and 32.1-276.7:1.","type":"section","prefixes":["21"],"prefix":"21","entire_prefix":"21","prefix_anchor":"21","level":1,"prior_prefix":"20","next_prefix":"22"},"25":{"id":218913,"text":"Trade secrets, including, but not limited to, financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the State Inspector General for the purpose of an audit, special investigation, or any study requested by the Office of the State Inspector General in accordance with law.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the State Inspector General:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe State Inspector General shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. The State Inspector General shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.","type":"section","prefixes":["22"],"prefix":"22","entire_prefix":"22","prefix_anchor":"22","level":1,"prior_prefix":"21","next_prefix":"23"},"26":{"id":218914,"text":"Information relating to a grant application, or accompanying a grant application, submitted to the Tobacco Region Revitalization Commission that would (i) reveal (a) trade secrets, (b) financial information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant; and memoranda, staff evaluations, or other information prepared by the Commission or its staff exclusively for the evaluation of grant applications. The exclusion provided by this subdivision shall apply to grants that are consistent with the powers of and in furtherance of the performance of the duties of the Commission pursuant to § 3.2-3103.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the applicant shall make a written request to the Commission:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Commission shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets, financial information, or research-related information of the applicant. The Commission shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.","type":"section","prefixes":["23"],"prefix":"23","entire_prefix":"23","prefix_anchor":"23","level":1,"prior_prefix":"22","next_prefix":"24"},"27":{"id":218915,"text":"a. Information held by the Commercial Space Flight Authority relating to rate structures or charges for the use of projects of, the sale of products of, or services rendered by the Authority if disclosure of such information would adversely affect the financial interest or bargaining position of the Authority or a private entity providing the information to the Authority; or\n\t\t\tb. Information provided by a private entity to the Commercial Space Flight Authority if disclosure of such information would (i) reveal (a) trade secrets of the private entity; (b) financial information of the private entity, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private entity and (ii) adversely affect the financial interest or bargaining position of the Authority or private entity.\n\t\t\tIn order for the information specified in clauses (a), (b), and (c) of subdivision 24 b to be excluded from the provisions of this chapter, the private entity shall make a written request to the Authority:","type":"section","prefixes":["24"],"prefix":"24","entire_prefix":"24","prefix_anchor":"24","level":1,"prior_prefix":"23","next_prefix":"241"},"28":{"id":218916,"text":"Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;","type":"section","prefixes":["24","1"],"prefix":"1","entire_prefix":"241","prefix_anchor":"241","level":2,"prior_prefix":"24","next_prefix":"242"},"29":{"id":218917,"text":"Identifying with specificity the data or other materials for which protection is sought; and","type":"section","prefixes":["24","2"],"prefix":"2","entire_prefix":"242","prefix_anchor":"242","level":2,"prior_prefix":"241","next_prefix":"243"},"30":{"id":218918,"text":"Stating the reasons why protection is necessary.\n\t\t\t\tThe Authority shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. To protect other information submitted by the private entity from disclosure, the Authority shall determine whether public disclosure would adversely affect the financial interest or bargaining position of the Authority or private entity. The Authority shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.","type":"section","prefixes":["24","3"],"prefix":"3","entire_prefix":"243","prefix_anchor":"243","level":2,"prior_prefix":"242","next_prefix":"25"},"31":{"id":218919,"text":"Information of a proprietary nature furnished by an agricultural landowner or operator to the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Agriculture and Consumer Services, or any political subdivision, agency, or board of the Commonwealth pursuant to §§ 10.1-104.7, 10.1-104.8, and 10.1-104.9, other than when required as part of a state or federal regulatory enforcement action.","type":"section","prefixes":["25"],"prefix":"25","entire_prefix":"25","prefix_anchor":"25","level":1,"prior_prefix":"243","next_prefix":"26"},"32":{"id":218920,"text":"Trade secrets provided to the Department of Environmental Quality pursuant to the provisions of § 10.1-1458. In order for such trade secrets to be excluded from the provisions of this chapter, the submitting party shall (i) invoke this exclusion upon submission of the data or materials for which protection from disclosure is sought, (ii) identify the data or materials for which protection is sought, and (iii) state the reasons why protection is necessary.","type":"section","prefixes":["26"],"prefix":"26","entire_prefix":"26","prefix_anchor":"26","level":1,"prior_prefix":"25","next_prefix":"27"},"33":{"id":218921,"text":"Information of a proprietary nature furnished by a licensed public-use airport to the Department of Aviation for funding from programs administered by the Department of Aviation or the Virginia Aviation Board, where if such information was made public, the financial interest of the public-use airport would be adversely affected.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the public-use airport shall make a written request to the Department of Aviation:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.","type":"section","prefixes":["27"],"prefix":"27","entire_prefix":"27","prefix_anchor":"27","level":1,"prior_prefix":"26","next_prefix":"28"},"34":{"id":218922,"text":"Information relating to a grant, loan, or investment application, or accompanying a grant, loan, or investment application, submitted to the Commonwealth of Virginia Innovation Partnership Authority (the Authority) established pursuant to Article 11 (§ 2.2-2351 et seq.) of Chapter 22, an advisory committee of the Authority, or any other entity designated by the Authority to review such applications, to the extent that such records would (i) reveal (a) trade secrets; (b) financial information of a party to a grant, loan, or investment application that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) research-related information produced or collected by a party to the application in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of a party to a grant, loan, or investment application; and memoranda, staff evaluations, or other information prepared by the Authority or its staff, or a reviewing entity designated by the Authority, exclusively for the evaluation of grant, loan, or investment applications, including any scoring or prioritization documents prepared for and forwarded to the Authority.","type":"section","prefixes":["28"],"prefix":"28","entire_prefix":"28","prefix_anchor":"28","level":1,"prior_prefix":"27","next_prefix":"29"},"35":{"id":218923,"text":"Proprietary information, voluntarily provided by a private business pursuant to a promise of confidentiality from a public body, used by the public body for a solar services or carbon sequestration agreement, where disclosure of such information would (i) reveal (a) trade secrets of the private business; (b) financial information of the private business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private business and (ii) adversely affect the financial interest or bargaining position of the public body or private business.\n\t\t\tIn order for the information specified in clauses (i)(a), (b), and (c) to be excluded from the provisions of this chapter, the private business shall make a written request to the public body:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.","type":"section","prefixes":["29"],"prefix":"29","entire_prefix":"29","prefix_anchor":"29","level":1,"prior_prefix":"28","next_prefix":"30"},"36":{"id":218924,"text":"Information contained in engineering and construction drawings and plans submitted for the sole purpose of complying with the Building Code in obtaining a building permit if disclosure of such information would identify specific trade secrets or other information that would be harmful to the competitive position of the owner or lessee. However, such information shall be exempt only until the building is completed. Information relating to the safety or environmental soundness of any building shall not be exempt from disclosure.","type":"section","prefixes":["30"],"prefix":"30","entire_prefix":"30","prefix_anchor":"30","level":1,"prior_prefix":"29","next_prefix":"31"},"37":{"id":218925,"text":"Trade secrets, including, but not limited to, financial information, including balance sheets and financial statements that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Virginia Department of Transportation for the purpose of an audit, special investigation, or any study requested by the Virginia Department of Transportation in accordance with law.\n\t\t\tIn order for the records specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the Department:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Virginia Department of Transportation shall determine whether the requested exclusion from disclosure is necessary to protect trade secrets or financial records of the private entity. The Virginia Department of Transportation shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.","type":"section","prefixes":["31"],"prefix":"31","entire_prefix":"31","prefix_anchor":"31","level":1,"prior_prefix":"30","next_prefix":"32"},"38":{"id":218926,"text":"Information related to a grant application, or accompanying a grant application, submitted to the Department of Housing and Community Development that would (i) reveal (a) trade secrets, (b) financial information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant. The exclusion provided by this subdivision shall only apply to grants administered by the Department, the Director of the Department, or pursuant to § 36-139, Article 26 (§ 2.2-2484 et seq.) of Chapter 24, or the Virginia Telecommunication Initiative as authorized by the appropriations act.\n\t\t\tIn order for the information submitted by the applicant and specified in this subdivision to be excluded from the provisions of this chapter, the applicant shall make a written request to the Department:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information, or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Department shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or confidential proprietary information of the applicant. The Department shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.","type":"section","prefixes":["32"],"prefix":"32","entire_prefix":"32","prefix_anchor":"32","level":1,"prior_prefix":"31","next_prefix":"33"},"39":{"id":218927,"text":"Financial and proprietary records submitted with a loan application to a locality for the preservation or construction of affordable housing that is related to a competitive application to be submitted to either the U.S. Department of Housing and Urban Development (HUD) or the Virginia Housing Development Authority (VHDA), when the release of such records would adversely affect the bargaining or competitive position of the applicant. Such records shall not be withheld after they have been made public by HUD or VHDA.","type":"section","prefixes":["33"],"prefix":"33","entire_prefix":"33","prefix_anchor":"33","level":1,"prior_prefix":"32","next_prefix":"34"},"40":{"id":218928,"text":"Information of a proprietary or confidential nature disclosed by a health carrier or pharmacy benefits manager pursuant to § 38.2-3407.15:6, a wholesale distributor pursuant to § 54.1-3436.1, or a manufacturer pursuant to § 54.1-3442.02.","type":"section","prefixes":["34"],"prefix":"34","entire_prefix":"34","prefix_anchor":"34","level":1,"prior_prefix":"33","next_prefix":"35"},"41":{"id":218929,"text":"Trade secrets, proprietary information, or financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, supplied by an individual or a private or nongovernmental entity to the Fort Monroe Authority for the purpose of complying with the obligations of any lease, easement, license, permit, or other agreement, whether of a commercial or residential real estate nature, pertaining to the use or occupancy of any portion of Fort Monroe.\n\t\t\tIn order for the records specified in this subdivision to be excluded from the provisions of this chapter, the individual or private or nongovernmental entity shall make a written request to the Fort Monroe Authority:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information, or other materials for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.","type":"section","prefixes":["35"],"prefix":"35","entire_prefix":"35","prefix_anchor":"35","level":1,"prior_prefix":"34","next_prefix":"36"},"42":{"id":218930,"text":"Information of a proprietary or confidential nature, including trade secrets, employee compensation information, balance sheets and financial statements that are not available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Department of Workforce Development and Advancement (the Department) for the purpose of sponsoring, implementing, and operating (i) an apprenticeship program approved by the Department or (ii) a similar lawful workforce development or public-private partnership approved by the Department that assists the Department in fulfilling its mission and objectives and whose workforce development initiative could not advance without such exemption, as determined by the Commissioner of the Department and the Secretary of Labor. However, nothing in this subdivision shall be construed to allow the withholding of the name and contact information of a private or nongovernmental entity sponsoring, implementing, or operating the apprenticeship program, the location of the program, the occupations offered by the program, or the terms and conditions of a contract or agreement entered into by such private or nongovernmental entity.","type":"section","prefixes":["36"],"prefix":"36","entire_prefix":"36","prefix_anchor":"36","level":1,"prior_prefix":"35"}},"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; 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health and social services records","url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","metadata":false},"next_section":{"id":79544,"structure_id":12976,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","url":"\/2.2-3705.7\/","token":"2.2\/II\/B\/37\/2.2-3705.7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3705.6\/","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 23 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 593<\/a> and 690<\/a>; in 2005, chapters 258<\/a> and 411<\/a>; in 2006, chapters 73<\/a>, 76<\/a>, 467<\/a>, 831<\/a>, 921<\/a>, and 936<\/a>; in 2007, chapters 374<\/a> and 693<\/a>; in 2008, chapters 71<\/a>, 102<\/a>, 266<\/a>, 387<\/a>, 633<\/a>, 689<\/a>, 736<\/a>, and 743<\/a>; in 2009, chapters 246<\/a>, 311<\/a>, 325<\/a>, 765<\/a>, 810<\/a>, and 869<\/a>; in 2010, chapters 310<\/a> and 808<\/a>; in 2011, chapters 541<\/a>, 781<\/a>, 798<\/a>, and 871<\/a>; in 2012, chapters 693<\/a> and 709<\/a>; in 2013, chapters 54<\/a>, 482<\/a>, and 574<\/a>; in 2015, chapters 696<\/a> and 697<\/a>; in 2016, chapters 620<\/a>, 716<\/a>, 724<\/a>, 725<\/a>, and 775<\/a>; in 2017, chapters 662<\/a>, 737<\/a>, 778<\/a>, 796<\/a>, and 816<\/a>; in 2018, chapters 470<\/a>, 532<\/a>, and 533<\/a>; in 2019, chapters 358<\/a> and 629<\/a>; in 2020, chapters 72<\/a>, 79<\/a>, 1164<\/a>, and 1169<\/a>; in 2022, chapters 554<\/a> and 609<\/a>; in 2023, chapters 575<\/a> and 576<\/a>; in 2025, chapters 90<\/a> and 108<\/a>.<\/p>","references":[{"id":55562,"section_number":"10.1-1458","catch_line":"Persons to provide plans, specifications, and information","order_by":null,"url":"\/10.1-1458\/"},{"id":73557,"section_number":"15.2-2103.1","catch_line":"Solar services agreements; nondisclosure of proprietary information","order_by":null,"url":"\/15.2-2103.1\/"},{"id":58846,"section_number":"2.2-2240.1","catch_line":"Grants paid to the Authority to promote research, development, and commercialization of products","order_by":null,"url":"\/2.2-2240.1\/"},{"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":69470,"section_number":"30-281","catch_line":"Confidentiality of certain records submitted to the Commission","order_by":null,"url":"\/30-281\/"},{"id":55286,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","order_by":null,"url":"\/33.2-1820\/"},{"id":80943,"section_number":"56-575.17","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","order_by":null,"url":"\/56-575.17\/"}],"refers_to":[{"id":76236,"section_number":"10.1-104.7","catch_line":"Resource management plans; effect of implementation; exclusions","order_by":null,"url":"\/10.1-104.7\/"},{"id":71820,"section_number":"10.1-104.8","catch_line":"Resource management plans; criteria","order_by":null,"url":"\/10.1-104.8\/"},{"id":65304,"section_number":"10.1-104.9","catch_line":"Regulations under this article","order_by":null,"url":"\/10.1-104.9\/"},{"id":55562,"section_number":"10.1-1458","catch_line":"Persons to provide plans, specifications, and information","order_by":null,"url":"\/10.1-1458\/"},{"id":71724,"section_number":"15.2-2100","catch_line":"Restrictions on selling certain municipal public property and granting franchises","order_by":null,"url":"\/15.2-2100\/"},{"id":71298,"section_number":"15.2-2108.2","catch_line":"Definitions","order_by":null,"url":"\/15.2-2108.2\/"},{"id":56562,"section_number":"15.2-2160","catch_line":"Provision of telecommunications services","order_by":null,"url":"\/15.2-2160\/"},{"id":62034,"section_number":"15.2-4900","catch_line":"Short title","order_by":null,"url":"\/15.2-4900\/"},{"id":61785,"section_number":"15.2-5431.1","catch_line":"Title of chapter; construction","order_by":null,"url":"\/15.2-5431.1\/"},{"id":70201,"section_number":"15.2-7200","catch_line":"Short title","order_by":null,"url":"\/15.2-7200\/"},{"id":85970,"section_number":"18.2-340.34","catch_line":"Suppliers of charitable gaming supplies; manufacturers of electronic gaming devices; permit; qualification; suspension, revocation, or refusal to renew certificate; maintenance, production and release of records","order_by":null,"url":"\/18.2-340.34\/"},{"id":74149,"section_number":"2.2-1603","catch_line":"Department of Small Business and Supplier Diversity created; appointment of Director; offices; personnel","order_by":null,"url":"\/2.2-1603\/"},{"id":70429,"section_number":"2.2-2351","catch_line":"Short title; declaration of public purpose","order_by":null,"url":"\/2.2-2351\/"},{"id":55162,"section_number":"2.2-2484","catch_line":"Definitions","order_by":null,"url":"\/2.2-2484\/"},{"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":71233,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","order_by":null,"url":"\/2.2-4342\/"},{"id":70755,"section_number":"3.2-3103","catch_line":"Powers and duties of the Tobacco Region Revitalization Commission","order_by":null,"url":"\/3.2-3103\/"},{"id":77998,"section_number":"32.1-162.23","catch_line":"Commonwealth Health Research Board established","order_by":null,"url":"\/32.1-162.23\/"},{"id":55402,"section_number":"32.1-239","catch_line":"Definitions","order_by":null,"url":"\/32.1-239\/"},{"id":62565,"section_number":"32.1-276.5:1","catch_line":"Repealed","order_by":null,"url":"\/32.1-276.5_1\/"},{"id":70519,"section_number":"32.1-331.12","catch_line":"Definitions","order_by":null,"url":"\/32.1-331.12\/"},{"id":58174,"section_number":"33.2-1800","catch_line":"Definitions","order_by":null,"url":"\/33.2-1800\/"},{"id":55286,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","order_by":null,"url":"\/33.2-1820\/"},{"id":62273,"section_number":"36-139","catch_line":"Powers and duties of Director","order_by":null,"url":"\/36-139\/"},{"id":80337,"section_number":"38.2-3407.15:6","catch_line":"Prescription drug price transparency","order_by":null,"url":"\/38.2-3407.15_6\/"},{"id":81429,"section_number":"54.1-3436.1","catch_line":"Prescription drug price transparency","order_by":null,"url":"\/54.1-3436.1\/"},{"id":55350,"section_number":"56-265.4:4","catch_line":"Certificate to operate as a telephone utility","order_by":null,"url":"\/56-265.4_4\/"},{"id":54917,"section_number":"56-484.12","catch_line":"Definitions","order_by":null,"url":"\/56-484.12\/"},{"id":80056,"section_number":"56-484.15","catch_line":"Repealed","order_by":null,"url":"\/56-484.15\/"},{"id":60584,"section_number":"56-484.7:1","catch_line":"Offering of communications services","order_by":null,"url":"\/56-484.7_1\/"},{"id":54549,"section_number":"56-575.1","catch_line":"Definitions","order_by":null,"url":"\/56-575.1\/"},{"id":80943,"section_number":"56-575.17","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","order_by":null,"url":"\/56-575.17\/"},{"id":59335,"section_number":"62.1-132.4","catch_line":"Rates and rate structures","order_by":null,"url":"\/62.1-132.4\/"}],"permalink":{"id":176513,"object_type":"law","relational_id":59772,"identifier":"2.2-3705.6","token":"2.2\/II\/B\/37\/2.2-3705.6","url":"\/2.2-3705.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3705.6\/","token":"2.2\/II\/B\/37\/2.2-3705.6","dublin_core":{"Title":"Exclusions to application of chapter; proprietary records and trade secrets","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3705.6","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> Proprietary information gathered by or for the Virginia Port Authority as provided in § 62.1-132.4<\/a> or 62.1-134.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Financial statements not publicly available filed with applications for industrial development financings in accordance with Chapter 49 (§ 15.2-4900<\/a> et seq.) of Title 15.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Proprietary information, voluntarily provided by private business pursuant to a promise of confidentiality from a public body<\/span>, used by the public body<\/span> for business, trade, and tourism development or retention; and memoranda, working papers, or other information related to businesses that are considering locating or expanding in Virginia, prepared by a public body<\/span>, where competition or bargaining is involved and where disclosure of such information would adversely affect the financial interest of the public body<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Information that was filed as confidential under the Toxic Substances Information Act (§ 32.1-239<\/a> et seq.), as such Act existed prior to July 1, 1992. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Fisheries data that would permit identification of any person or vessel, except when required by court order<\/span> as specified in § 28.2-204<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Confidential financial statements, balance sheets, trade secrets<\/span>, and revenue and cost projections provided to the Department of Rail and Public Transportation, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws<\/span> administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Proprietary information related to inventory and sales, voluntarily provided by private energy suppliers to the Department of Energy, used by that Department for energy contingency planning purposes or for developing consolidated statistical information on energy supplies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Confidential proprietary information furnished to the Board of Medical Assistance Services or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12<\/a> et seq.) of Chapter 10 of Title 32.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Proprietary, commercial or financial information, balance sheets, trade secrets<\/span>, and revenue and cost projections provided by a private transportation business to the Virginia Department of Transportation and the Department of Rail and Public Transportation for the purpose of conducting transportation studies needed to obtain grants or other financial assistance under the Transportation Equity<\/span> Act for the 21st Century (P.L. 105-178) for transportation projects if disclosure of such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws<\/span> administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in confidence to the Surface Transportation Board and the Federal Railroad Administration. However, the exclusion provided by this subdivision shall not apply to any wholly owned subsidiary of a public body<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Confidential information designated as provided in subsection F of § 2.2-4342<\/a> as trade secrets<\/span> or proprietary information by any person in connection with a procurement transaction or by any person who has submitted to a public body<\/span> an application for prequalification to bid on public construction projects in accordance with subsection B of § 2.2-4317<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> a. Memoranda, staff evaluations, or other information prepared by the responsible public entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800<\/a> et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 (\u00a7 56-575.1<\/a> et seq.) where (i) if such information was made public prior to or after the execution of an interim or a comprehensive agreement, \u00a7 33.2-1820<\/a> or 56-575.17<\/a> notwithstanding, the financial interest or bargaining position of the public entity would be adversely affected and (ii) the basis for the determination required in clause (i) is documented in writing by the responsible public entity; and\n\t\t\tb. Information provided by a private entity<\/span> to a responsible public entity, affected jurisdiction<\/span>, or affected local jurisdiction<\/span> pursuant to the provisions of the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800<\/a> et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 (\u00a7 56-575.1<\/a> et seq.) if disclosure of such information would reveal (i) trade secrets<\/span> of the private entity<\/span>; (ii) financial information of the private entity<\/span>, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (iii) other information submitted by the private entity<\/span> where if such information was made public prior to the execution of an interim agreement or a comprehensive agreement, the financial interest or bargaining position of the public or private entity<\/span> would be adversely affected. In order for the information specified in clauses (i), (ii), and (iii) to be excluded from the provisions of this chapter, the private entity<\/span> shall make a written request to the responsible public entity: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Identifying with specificity the data or other materials<\/span> for which protection is sought; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Stating the reasons why protection is necessary.\n\t\t\t\tThe responsible public entity shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets<\/span> or financial information of the private entity<\/span>. To protect other information submitted by the private entity<\/span> from disclosure, the responsible public entity shall determine whether public disclosure prior to the execution of an interim agreement or a comprehensive agreement would adversely affect the financial interest or bargaining position of the public or private entity<\/span>. The responsible public entity shall make a written determination of the nature and scope of the protection to be afforded by the responsible public entity under this subdivision. Once a written determination is made by the responsible public entity, the information afforded protection under this subdivision shall continue to be protected from disclosure when in the possession<\/span> of any affected jurisdiction<\/span> or affected local jurisdiction<\/span>.\n\t\t\t\tExcept as specifically provided in subdivision 11 a, nothing in this subdivision shall be construed to authorize the withholding of (a) procurement records as required by § 33.2-1820<\/a> or 56-575.17<\/a>; (b) information concerning the terms and conditions of any interim or comprehensive agreement, service contract<\/span>, lease, partnership, or any agreement of any kind entered into by the responsible public entity and the private entity<\/span>; (c) information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or (d) information concerning the performance of any private entity<\/span> developing or operating a qualifying transportation facility or a qualifying project.\n\t\t\t\tFor the purposes of this subdivision, the terms “affected jurisdiction<\/span>,” “affected local jurisdiction<\/span>,” “comprehensive agreement,” “interim agreement,” “qualifying project,” “qualifying transportation facility,” “responsible public entity,” and “private entity<\/span>” shall mean the same as those terms are defined in the Public-Private Transportation Act of 1995 (§ 33.2-1800<\/a> et seq.) or in the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Confidential proprietary information or trade secrets<\/span>, not publicly available, provided by a private person or entity pursuant to a promise of confidentiality to the Virginia Resources Authority or to a fund administered in connection with financial assistance rendered or to be rendered by the Virginia Resources Authority where, if such information were made public, the financial interest of the private person or entity would be adversely affected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Trade secrets<\/span> or confidential proprietary information that is not generally available to the public through regulatory disclosure or otherwise, provided by a (i) bidder or applicant for a franchise or (ii) franchisee under Chapter 21 (§ 15.2-2100<\/a> et seq.) of Title 15.2 to the applicable franchising authority pursuant to a promise of confidentiality from the franchising authority, to the extent the information relates to the bidder’s, applicant’s, or franchisee’s financial capacity or provision of new services, adoption of new technologies or implementation of improvements, where such new services, technologies, or improvements have not been implemented by the franchisee on a nonexperimental scale in the franchise area, and where, if such information were made public, the competitive advantage or financial interests of the franchisee would be adversely affected.\n\t\t\tIn order for trade secrets<\/span> or confidential proprietary information to be excluded from the provisions of this chapter, the bidder, applicant, or franchisee shall (a) invoke such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought, (b) identify the data or other materials<\/span> for which protection is sought, and (c) state the reason why protection is necessary.\n\t\t\tNo bidder, applicant, or franchisee may invoke the exclusion provided by this subdivision if the bidder, applicant, or franchisee is owned or controlled by a public body<\/span> or if any representative of the applicable franchising authority serves on the management board or as an officer of the bidder, applicant, or franchisee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Information of a proprietary or confidential nature furnished by a supplier or manufacturer of charitable gaming supplies to the Department of Agriculture and Consumer Services (i) pursuant to subsection E of § 18.2-340.34<\/a> and (ii) pursuant to regulations promulgated by the Commissioner of Agriculture and Consumer Services related to approval of electronic and mechanical equipment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Information related to Virginia apple producer sales provided to the Virginia State Apple Board pursuant to § 3.2-1215<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Trade secrets<\/span> submitted by CMRS providers as defined in § 56-484.12<\/a> to the former Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to former § 56-484.15<\/a>, relating to the provision of wireless E-911 service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Information relating to a grant or loan application, or accompanying a grant or loan application, to the Commonwealth Health Research Board pursuant to Chapter 5.3 (§ 32.1-162.23<\/a> et seq.) of Title 32.1 if disclosure of such information would (i) reveal proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues<\/span>, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Confidential proprietary information and trade secrets<\/span> developed and held by a local public body<\/span> (i) providing telecommunication services pursuant to § 56-265.4:4<\/a> and (ii) providing cable television services pursuant to Article 1.1 (§ 15.2-2108.2<\/a> et seq.) of Chapter 21 of Title 15.2 if disclosure of such information would be harmful to the competitive position of the locality.\n\t\t\tIn order for confidential proprietary information or trade secrets<\/span> to be excluded from the provisions of this chapter, the locality in writing shall (a) invoke the protections of this subdivision, (b) identify with specificity the information for which protection is sought, and (c) state the reasons why protection is necessary. However, the exemption provided by this subdivision shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Confidential proprietary information and trade secrets<\/span> developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1<\/a> et seq.) to provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1<\/a> et seq.) of Chapter 15 of Title 56, where disclosure of such information would be harmful to the competitive position of the authority, except that information required to be maintained in accordance with § 15.2-2160<\/a> shall be released. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Trade secrets<\/span> or financial information of a business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, provided to the Department of Small Business and Supplier Diversity as part of an application for certification as a small, women-owned, or minority-owned business in accordance with Chapter 16.1 (§ 2.2-1603<\/a> et seq.). In order for such trade secrets<\/span> or financial information to be excluded from the provisions of this chapter, the business shall (i) invoke such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought, (ii) identify the data or other materials<\/span> for which protection is sought, and (iii) state the reasons why protection is necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> Information of a proprietary or confidential nature disclosed by a carrier to the State Health Commissioner pursuant to §§ 32.1-276.5:1<\/a> and 32.1-276.7:1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> Trade secrets<\/span>, including, but not limited to, financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the State Inspector General for the purpose of an audit, special investigation, or any study requested by the Office of the State Inspector General in accordance with law<\/span>.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the State Inspector General:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials<\/span> for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe State Inspector General shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets<\/span> or financial information of the private entity<\/span>. The State Inspector General shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> Information relating to a grant application, or accompanying a grant application, submitted to the Tobacco Region Revitalization Commission that would (i) reveal (a) trade secrets<\/span>, (b) financial information of a grant applicant that is not a public body<\/span>, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues<\/span>, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant; and memoranda, staff evaluations, or other information prepared by the Commission or its staff exclusively for the evaluation of grant applications. The exclusion provided by this subdivision shall apply to grants that are consistent with the powers of and in furtherance of the performance of the duties of the Commission pursuant to § 3.2-3103<\/a>.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the applicant shall make a written request to the Commission:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information or other materials<\/span> for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Commission shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets<\/span>, financial information, or research-related information of the applicant. The Commission shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

24.<\/span> a. Information held by the Commercial Space Flight Authority relating to rate structures or charges for the use of projects of, the sale of products of, or services rendered by the Authority if disclosure of such information would adversely affect the financial interest or bargaining position of the Authority or a private entity<\/span> providing the information to the Authority; or\n\t\t\tb. Information provided by a private entity<\/span> to the Commercial Space Flight Authority if disclosure of such information would (i) reveal (a) trade secrets<\/span> of the private entity<\/span>; (b) financial information of the private entity<\/span>, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private entity<\/span> and (ii) adversely affect the financial interest or bargaining position of the Authority or private entity<\/span>.\n\t\t\tIn order for the information specified in clauses (a), (b), and (c) of subdivision 24 b to be excluded from the provisions of this chapter, the private entity<\/span> shall make a written request to the Authority: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Identifying with specificity the data or other materials<\/span> for which protection is sought; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Stating the reasons why protection is necessary.\n\t\t\t\tThe Authority shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets<\/span> or financial information of the private entity<\/span>. To protect other information submitted by the private entity<\/span> from disclosure, the Authority shall determine whether public disclosure would adversely affect the financial interest or bargaining position of the Authority or private entity<\/span>. The Authority shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

25.<\/span> Information of a proprietary nature furnished by an agricultural landowner or operator to the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Agriculture and Consumer Services, or any political subdivision, agency, or board of the Commonwealth pursuant to §§ 10.1-104.7<\/a>, 10.1-104.8<\/a>, and 10.1-104.9<\/a>, other than when required as part of a state or federal regulatory enforcement action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

26.<\/span> Trade secrets<\/span> provided to the Department of Environmental Quality pursuant to the provisions of § 10.1-1458<\/a>. In order for such trade secrets<\/span> to be excluded from the provisions of this chapter, the submitting party<\/span> shall (i) invoke this exclusion upon submission of the data or materials<\/span> for which protection from disclosure is sought, (ii) identify the data or materials<\/span> for which protection is sought, and (iii) state the reasons why protection is necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

27.<\/span> Information of a proprietary nature furnished by a licensed public-use airport to the Department of Aviation for funding from programs administered by the Department of Aviation or the Virginia Aviation Board, where if such information was made public, the financial interest of the public-use airport would be adversely affected.\n\t\t\tIn order for the information specified in this subdivision to be excluded from the provisions of this chapter, the public-use airport shall make a written request to the Department of Aviation:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials<\/span> for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

28.<\/span> Information relating to a grant, loan, or investment application, or accompanying a grant, loan, or investment application, submitted to the Commonwealth of Virginia Innovation Partnership Authority (the Authority) established pursuant to Article 11 (§ 2.2-2351<\/a> et seq.) of Chapter 22, an advisory committee of the Authority, or any other entity designated by the Authority to review such applications, to the extent that such records would (i) reveal (a) trade secrets<\/span>; (b) financial information of a party<\/span> to a grant, loan, or investment application that is not a public body<\/span>, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) research-related information produced or collected by a party<\/span> to the application in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues<\/span>, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of a party<\/span> to a grant, loan, or investment application; and memoranda, staff evaluations, or other information prepared by the Authority or its staff, or a reviewing entity designated by the Authority, exclusively for the evaluation of grant, loan, or investment applications, including any scoring or prioritization documents prepared for and forwarded to the Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

29.<\/span> Proprietary information, voluntarily provided by a private business pursuant to a promise of confidentiality from a public body<\/span>, used by the public body<\/span> for a solar services or carbon sequestration agreement, where disclosure of such information would (i) reveal (a) trade secrets<\/span> of the private business; (b) financial information of the private business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private business and (ii) adversely affect the financial interest or bargaining position of the public body<\/span> or private business.\n\t\t\tIn order for the information specified in clauses (i)(a), (b), and (c) to be excluded from the provisions of this chapter, the private business shall make a written request to the public body<\/span>:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials<\/span> for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

30.<\/span> Information contained in engineering and construction drawings and plans submitted for the sole purpose of complying with the Building Code in obtaining a building permit if disclosure of such information would identify specific trade secrets<\/span> or other information that would be harmful to the competitive position of the owner or lessee. However, such information shall be exempt only until the building is completed. Information relating to the safety or environmental soundness of any building shall not be exempt from disclosure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

31.<\/span> Trade secrets<\/span>, including, but not limited to, financial information, including balance sheets and financial statements that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Virginia Department of Transportation for the purpose of an audit, special investigation, or any study requested by the Virginia Department of Transportation in accordance with law<\/span>.\n\t\t\tIn order for the records specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the Department:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials<\/span> for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Virginia Department of Transportation shall determine whether the requested exclusion from disclosure is necessary to protect trade secrets<\/span> or financial records of the private entity<\/span>. The Virginia Department of Transportation shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

32.<\/span> Information related to a grant application, or accompanying a grant application, submitted to the Department of Housing and Community Development that would (i) reveal (a) trade secrets<\/span>, (b) financial information of a grant applicant that is not a public body<\/span>, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues<\/span>, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant. The exclusion provided by this subdivision shall only apply to grants administered by the Department, the Director of the Department, or pursuant to § 36-139<\/a>, Article 26 (§ 2.2-2484<\/a> et seq.) of Chapter 24, or the Virginia Telecommunication Initiative as authorized by the appropriations act.\n\t\t\tIn order for the information submitted by the applicant and specified in this subdivision to be excluded from the provisions of this chapter, the applicant shall make a written request to the Department:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information, or other materials<\/span> for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Department shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets<\/span> or confidential proprietary information of the applicant. The Department shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

33.<\/span> Financial and proprietary records submitted with a loan application to a locality for the preservation or construction of affordable housing that is related to a competitive application to be submitted to either the U.S. Department of Housing and Urban Development (HUD) or the Virginia Housing Development Authority (VHDA), when the release of such records would adversely affect the bargaining or competitive position of the applicant. Such records shall not be withheld after they have been made public by HUD or VHDA. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

34.<\/span> Information of a proprietary or confidential nature disclosed by a health carrier or pharmacy benefits manager pursuant to § 38.2-3407.15:6<\/a>, a wholesale distributor pursuant to § 54.1-3436.1<\/a>, or a manufacturer pursuant to § 54.1-3442.02<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

35.<\/span> Trade secrets<\/span>, proprietary information, or financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, supplied by an individual or a private or nongovernmental entity to the Fort Monroe Authority for the purpose of complying with the obligations of any lease, easement, license, permit, or other agreement, whether of a commercial or residential real estate nature, pertaining to the use or occupancy of any portion of Fort Monroe.\n\t\t\tIn order for the records specified in this subdivision to be excluded from the provisions of this chapter, the individual or private or nongovernmental entity shall make a written request to the Fort Monroe Authority:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials<\/span> for which protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information, or other materials<\/span> for which protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

36.<\/span> Information of a proprietary or confidential nature, including trade secrets<\/span>, employee compensation information, balance sheets and financial statements that are not available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Department of Workforce Development and Advancement (the Department) for the purpose of sponsoring, implementing, and operating (i) an apprenticeship program approved by the Department or (ii) a similar lawful workforce development or public-private partnership approved by the Department that assists the Department in fulfilling its mission and objectives and whose workforce development initiative could not advance without such exemption, as determined by the Commissioner of the Department and the Secretary of Labor. However, nothing in this subdivision shall be construed to allow the withholding of the name and contact information of a private or nongovernmental entity sponsoring, implementing, or operating the apprenticeship program, the location of the program, the occupations offered by the program, or the terms and conditions of a contract<\/span> or agreement entered into by such private or nongovernmental entity. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCLUSIONS TO APPLICATION OF CHAPTER; PROPRIETARY RECORDS AND TRADE SECRETS (\u00a7\n2.2-3705.6)\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. Proprietary information gathered by or for the Virginia Port Authority as\nprovided in § 62.1-132.4 or 62.1-134.1.\n\n2. Financial statements not publicly available filed with applications for\nindustrial development financings in accordance with Chapter 49 (§\n15.2-4900 et seq.) of Title 15.2.\n\n3. Proprietary information, voluntarily provided by private business pursuant to\na promise of confidentiality from a public body, used by the public body for\nbusiness, trade, and tourism development or retention; and memoranda, working\npapers, or other information related to businesses that are considering locating\nor expanding in Virginia, prepared by a public body, where competition or\nbargaining is involved and where disclosure of such information would adversely\naffect the financial interest of the public body.\n\n4. Information that was filed as confidential under the Toxic Substances\nInformation Act (§ 32.1-239 et seq.), as such Act existed prior to July 1,\n1992.\n\n5. Fisheries data that would permit identification of any person or vessel,\nexcept when required by court order as specified in § 28.2-204.\n\n6. Confidential financial statements, balance sheets, trade secrets, and revenue\nand cost projections provided to the Department of Rail and Public\nTransportation, provided such information is exempt under the federal Freedom of\nInformation Act or the federal Interstate Commerce Act or other laws\nadministered by the Surface Transportation Board or the Federal Railroad\nAdministration with respect to data provided in confidence to the Surface\nTransportation Board and the Federal Railroad Administration.\n\n7. Proprietary information related to inventory and sales, voluntarily provided\nby private energy suppliers to the Department of Energy, used by that Department\nfor energy contingency planning purposes or for developing consolidated\nstatistical information on energy supplies.\n\n8. Confidential proprietary information furnished to the Board of Medical\nAssistance Services or the Medicaid Prior Authorization Advisory Committee\npursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.\n\n9. Proprietary, commercial or financial information, balance sheets, trade\nsecrets, and revenue and cost projections provided by a private transportation\nbusiness to the Virginia Department of Transportation and the Department of Rail\nand Public Transportation for the purpose of conducting transportation studies\nneeded to obtain grants or other financial assistance under the Transportation\nEquity Act for the 21st Century (P.L. 105-178) for transportation projects if\ndisclosure of such information is exempt under the federal Freedom of\nInformation Act or the federal Interstate Commerce Act or other laws\nadministered by the Surface Transportation Board or the Federal Railroad\nAdministration with respect to data provided in confidence to the Surface\nTransportation Board and the Federal Railroad Administration. However, the\nexclusion provided by this subdivision shall not apply to any wholly owned\nsubsidiary of a public body.\n\n10. Confidential information designated as provided in subsection F of §\n2.2-4342 as trade secrets or proprietary information by any person in connection\nwith a procurement transaction or by any person who has submitted to a public\nbody an application for prequalification to bid on public construction projects\nin accordance with subsection B of § 2.2-4317.\n\n11. a. Memoranda, staff evaluations, or other information prepared by the\nresponsible public entity, its staff, outside advisors, or consultants\nexclusively for the evaluation and negotiation of proposals filed under the\nPublic-Private Transportation Act of 1995 (\u00a7 33.2-1800 et seq.) or the\nPublic-Private Education Facilities and Infrastructure Act of 2002 (\u00a7 56-575.1\net seq.) where (i) if such information was made public prior to or after the\nexecution of an interim or a comprehensive agreement, \u00a7 33.2-1820 or 56-575.17\nnotwithstanding, the financial interest or bargaining position of the public\nentity would be adversely affected and (ii) the basis for the determination\nrequired in clause (i) is documented in writing by the responsible public\nentity; and\n\t\t\tb. Information provided by a private entity to a responsible public entity,\naffected jurisdiction, or affected local jurisdiction pursuant to the provisions\nof the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800 et seq.) or the\nPublic-Private Education Facilities and Infrastructure Act of 2002 (\u00a7 56-575.1\net seq.) if disclosure of such information would reveal (i) trade secrets of the\nprivate entity; (ii) financial information of the private entity, including\nbalance sheets and financial statements, that are not generally available to the\npublic through regulatory disclosure or otherwise; or (iii) other information\nsubmitted by the private entity where if such information was made public prior\nto the execution of an interim agreement or a comprehensive agreement, the\nfinancial interest or bargaining position of the public or private entity would\nbe adversely affected. In order for the information specified in clauses (i),\n(ii), and (iii) to be excluded from the provisions of this chapter, the private\nentity shall make a written request to the responsible public entity:\n\n 1. Invoking such exclusion upon submission of the data or other materials for\n which protection from disclosure is sought;\n\n 2. Identifying with specificity the data or other materials for which\n protection is sought; and\n\n 3. Stating the reasons why protection is necessary.\n \t\t\t\tThe responsible public entity shall determine whether the requested\n exclusion from disclosure is necessary to protect the trade secrets or\n financial information of the private entity. To protect other information\n submitted by the private entity from disclosure, the responsible public entity\n shall determine whether public disclosure prior to the execution of an interim\n agreement or a comprehensive agreement would adversely affect the financial\n interest or bargaining position of the public or private entity. The\n responsible public entity shall make a written determination of the nature and\n scope of the protection to be afforded by the responsible public entity under\n this subdivision. Once a written determination is made by the responsible\n public entity, the information afforded protection under this subdivision\n shall continue to be protected from disclosure when in the possession of any\n affected jurisdiction or affected local jurisdiction.\n \t\t\t\tExcept as specifically provided in subdivision 11 a, nothing in this\n subdivision shall be construed to authorize the withholding of (a) procurement\n records as required by § 33.2-1820 or 56-575.17; (b) information\n concerning the terms and conditions of any interim or comprehensive agreement,\n service contract, lease, partnership, or any agreement of any kind entered\n into by the responsible public entity and the private entity; (c) information\n concerning the terms and conditions of any financing arrangement that involves\n the use of any public funds; or (d) information concerning the performance of\n any private entity developing or operating a qualifying transportation\n facility or a qualifying project.\n \t\t\t\tFor the purposes of this subdivision, the terms “affected\n jurisdiction,” “affected local jurisdiction,”\n “comprehensive agreement,” “interim agreement,”\n “qualifying project,” “qualifying transportation\n facility,” “responsible public entity,” and “private\n entity” shall mean the same as those terms are defined in the\n Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or in the\n Public-Private Education Facilities and Infrastructure Act of 2002 (§\n 56-575.1 et seq.).\n\n12. Confidential proprietary information or trade secrets, not publicly\navailable, provided by a private person or entity pursuant to a promise of\nconfidentiality to the Virginia Resources Authority or to a fund administered in\nconnection with financial assistance rendered or to be rendered by the Virginia\nResources Authority where, if such information were made public, the financial\ninterest of the private person or entity would be adversely affected.\n\n13. Trade secrets or confidential proprietary information that is not generally\navailable to the public through regulatory disclosure or otherwise, provided by\na (i) bidder or applicant for a franchise or (ii) franchisee under Chapter 21\n(§ 15.2-2100 et seq.) of Title 15.2 to the applicable franchising authority\npursuant to a promise of confidentiality from the franchising authority, to the\nextent the information relates to the bidder’s, applicant’s, or\nfranchisee’s financial capacity or provision of new services, adoption of\nnew technologies or implementation of improvements, where such new services,\ntechnologies, or improvements have not been implemented by the franchisee on a\nnonexperimental scale in the franchise area, and where, if such information were\nmade public, the competitive advantage or financial interests of the franchisee\nwould be adversely affected.\n\t\t\tIn order for trade secrets or confidential proprietary information to be\nexcluded from the provisions of this chapter, the bidder, applicant, or\nfranchisee shall (a) invoke such exclusion upon submission of the data or other\nmaterials for which protection from disclosure is sought, (b) identify the data\nor other materials for which protection is sought, and (c) state the reason why\nprotection is necessary.\n\t\t\tNo bidder, applicant, or franchisee may invoke the exclusion provided by this\nsubdivision if the bidder, applicant, or franchisee is owned or controlled by a\npublic body or if any representative of the applicable franchising authority\nserves on the management board or as an officer of the bidder, applicant, or\nfranchisee.\n\n14. Information of a proprietary or confidential nature furnished by a supplier\nor manufacturer of charitable gaming supplies to the Department of Agriculture\nand Consumer Services (i) pursuant to subsection E of § 18.2-340.34 and\n(ii) pursuant to regulations promulgated by the Commissioner of Agriculture and\nConsumer Services related to approval of electronic and mechanical equipment.\n\n15. Information related to Virginia apple producer sales provided to the\nVirginia State Apple Board pursuant to § 3.2-1215.\n\n16. Trade secrets submitted by CMRS providers as defined in § 56-484.12 to\nthe former Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to\nformer § 56-484.15, relating to the provision of wireless E-911 service.\n\n17. Information relating to a grant or loan application, or accompanying a grant\nor loan application, to the Commonwealth Health Research Board pursuant to\nChapter 5.3 (§ 32.1-162.23 et seq.) of Title 32.1 if disclosure of such\ninformation would (i) reveal proprietary business or research-related\ninformation produced or collected by the applicant in the conduct of or as a\nresult of study or research on medical, rehabilitative, scientific, technical,\ntechnological, or scholarly issues, when such information has not been publicly\nreleased, published, copyrighted, or patented, and (ii) be harmful to the\ncompetitive position of the applicant.\n\n18. Confidential proprietary information and trade secrets developed and held by\na local public body (i) providing telecommunication services pursuant to §\n56-265.4:4 and (ii) providing cable television services pursuant to Article 1.1\n(§ 15.2-2108.2 et seq.) of Chapter 21 of Title 15.2 if disclosure of such\ninformation would be harmful to the competitive position of the locality.\n\t\t\tIn order for confidential proprietary information or trade secrets to be\nexcluded from the provisions of this chapter, the locality in writing shall (a)\ninvoke the protections of this subdivision, (b) identify with specificity the\ninformation for which protection is sought, and (c) state the reasons why\nprotection is necessary. However, the exemption provided by this subdivision\nshall not apply to any authority created pursuant to the BVU Authority Act\n(§ 15.2-7200 et seq.).\n\n19. Confidential proprietary information and trade secrets developed by or for a\nlocal authority created in accordance with the Virginia Wireless Service\nAuthorities Act (§ 15.2-5431.1 et seq.) to provide qualifying\ncommunications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.)\nof Chapter 15 of Title 56, where disclosure of such information would be harmful\nto the competitive position of the authority, except that information required\nto be maintained in accordance with § 15.2-2160 shall be released.\n\n20. Trade secrets or financial information of a business, including balance\nsheets and financial statements, that are not generally available to the public\nthrough regulatory disclosure or otherwise, provided to the Department of Small\nBusiness and Supplier Diversity as part of an application for certification as a\nsmall, women-owned, or minority-owned business in accordance with Chapter 16.1\n(§ 2.2-1603 et seq.). In order for such trade secrets or financial\ninformation to be excluded from the provisions of this chapter, the business\nshall (i) invoke such exclusion upon submission of the data or other materials\nfor which protection from disclosure is sought, (ii) identify the data or other\nmaterials for which protection is sought, and (iii) state the reasons why\nprotection is necessary.\n\n21. Information of a proprietary or confidential nature disclosed by a carrier\nto the State Health Commissioner pursuant to §§ 32.1-276.5:1 and\n32.1-276.7:1.\n\n22. Trade secrets, including, but not limited to, financial information,\nincluding balance sheets and financial statements, that are not generally\navailable to the public through regulatory disclosure or otherwise, and revenue\nand cost projections supplied by a private or nongovernmental entity to the\nState Inspector General for the purpose of an audit, special investigation, or\nany study requested by the Office of the State Inspector General in accordance\nwith law.\n\t\t\tIn order for the information specified in this subdivision to be excluded\nfrom the provisions of this chapter, the private or nongovernmental entity shall\nmake a written request to the State Inspector General:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for\nwhich protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which\nprotection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe State Inspector General shall determine whether the requested exclusion\nfrom disclosure is necessary to protect the trade secrets or financial\ninformation of the private entity. The State Inspector General shall make a\nwritten determination of the nature and scope of the protection to be afforded\nby it under this subdivision.\n\n23. Information relating to a grant application, or accompanying a grant\napplication, submitted to the Tobacco Region Revitalization Commission that\nwould (i) reveal (a) trade secrets, (b) financial information of a grant\napplicant that is not a public body, including balance sheets and financial\nstatements, that are not generally available to the public through regulatory\ndisclosure or otherwise, or (c) research-related information produced or\ncollected by the applicant in the conduct of or as a result of study or research\non medical, rehabilitative, scientific, technical, technological, or scholarly\nissues, when such information has not been publicly released, published,\ncopyrighted, or patented, and (ii) be harmful to the competitive position of the\napplicant; and memoranda, staff evaluations, or other information prepared by\nthe Commission or its staff exclusively for the evaluation of grant\napplications. The exclusion provided by this subdivision shall apply to grants\nthat are consistent with the powers of and in furtherance of the performance of\nthe duties of the Commission pursuant to § 3.2-3103.\n\t\t\tIn order for the information specified in this subdivision to be excluded\nfrom the provisions of this chapter, the applicant shall make a written request\nto the Commission:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for\nwhich protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information or other materials for\nwhich protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Commission shall determine whether the requested exclusion from\ndisclosure is necessary to protect the trade secrets, financial information, or\nresearch-related information of the applicant. The Commission shall make a\nwritten determination of the nature and scope of the protection to be afforded\nby it under this subdivision.\n\n24. a. Information held by the Commercial Space Flight Authority relating to\nrate structures or charges for the use of projects of, the sale of products of,\nor services rendered by the Authority if disclosure of such information would\nadversely affect the financial interest or bargaining position of the Authority\nor a private entity providing the information to the Authority; or\n\t\t\tb. Information provided by a private entity to the Commercial Space Flight\nAuthority if disclosure of such information would (i) reveal (a) trade secrets\nof the private entity; (b) financial information of the private entity,\nincluding balance sheets and financial statements, that are not generally\navailable to the public through regulatory disclosure or otherwise; or (c) other\ninformation submitted by the private entity and (ii) adversely affect the\nfinancial interest or bargaining position of the Authority or private entity.\n\t\t\tIn order for the information specified in clauses (a), (b), and (c) of\nsubdivision 24 b to be excluded from the provisions of this chapter, the private\nentity shall make a written request to the Authority:\n\n 1. Invoking such exclusion upon submission of the data or other materials for\n which protection from disclosure is sought;\n\n 2. Identifying with specificity the data or other materials for which\n protection is sought; and\n\n 3. Stating the reasons why protection is necessary.\n \t\t\t\tThe Authority shall determine whether the requested exclusion from\n disclosure is necessary to protect the trade secrets or financial information\n of the private entity. To protect other information submitted by the private\n entity from disclosure, the Authority shall determine whether public\n disclosure would adversely affect the financial interest or bargaining\n position of the Authority or private entity. The Authority shall make a\n written determination of the nature and scope of the protection to be afforded\n by it under this subdivision.\n\n25. Information of a proprietary nature furnished by an agricultural landowner\nor operator to the Department of Conservation and Recreation, the Department of\nEnvironmental Quality, the Department of Agriculture and Consumer Services, or\nany political subdivision, agency, or board of the Commonwealth pursuant to\n§§ 10.1-104.7, 10.1-104.8, and 10.1-104.9, other than when required as\npart of a state or federal regulatory enforcement action.\n\n26. Trade secrets provided to the Department of Environmental Quality pursuant\nto the provisions of § 10.1-1458. In order for such trade secrets to be\nexcluded from the provisions of this chapter, the submitting party shall (i)\ninvoke this exclusion upon submission of the data or materials for which\nprotection from disclosure is sought, (ii) identify the data or materials for\nwhich protection is sought, and (iii) state the reasons why protection is\nnecessary.\n\n27. Information of a proprietary nature furnished by a licensed public-use\nairport to the Department of Aviation for funding from programs administered by\nthe Department of Aviation or the Virginia Aviation Board, where if such\ninformation was made public, the financial interest of the public-use airport\nwould be adversely affected.\n\t\t\tIn order for the information specified in this subdivision to be excluded\nfrom the provisions of this chapter, the public-use airport shall make a written\nrequest to the Department of Aviation:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for\nwhich protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which\nprotection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\n28. Information relating to a grant, loan, or investment application, or\naccompanying a grant, loan, or investment application, submitted to the\nCommonwealth of Virginia Innovation Partnership Authority (the Authority)\nestablished pursuant to Article 11 (§ 2.2-2351 et seq.) of Chapter 22, an\nadvisory committee of the Authority, or any other entity designated by the\nAuthority to review such applications, to the extent that such records would (i)\nreveal (a) trade secrets; (b) financial information of a party to a grant, loan,\nor investment application that is not a public body, including balance sheets\nand financial statements, that are not generally available to the public through\nregulatory disclosure or otherwise; or (c) research-related information produced\nor collected by a party to the application in the conduct of or as a result of\nstudy or research on medical, rehabilitative, scientific, technical,\ntechnological, or scholarly issues, when such information has not been publicly\nreleased, published, copyrighted, or patented, and (ii) be harmful to the\ncompetitive position of a party to a grant, loan, or investment application; and\nmemoranda, staff evaluations, or other information prepared by the Authority or\nits staff, or a reviewing entity designated by the Authority, exclusively for\nthe evaluation of grant, loan, or investment applications, including any scoring\nor prioritization documents prepared for and forwarded to the Authority.\n\n29. Proprietary information, voluntarily provided by a private business pursuant\nto a promise of confidentiality from a public body, used by the public body for\na solar services or carbon sequestration agreement, where disclosure of such\ninformation would (i) reveal (a) trade secrets of the private business; (b)\nfinancial information of the private business, including balance sheets and\nfinancial statements, that are not generally available to the public through\nregulatory disclosure or otherwise; or (c) other information submitted by the\nprivate business and (ii) adversely affect the financial interest or bargaining\nposition of the public body or private business.\n\t\t\tIn order for the information specified in clauses (i)(a), (b), and (c) to be\nexcluded from the provisions of this chapter, the private business shall make a\nwritten request to the public body:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for\nwhich protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which\nprotection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\n30. Information contained in engineering and construction drawings and plans\nsubmitted for the sole purpose of complying with the Building Code in obtaining\na building permit if disclosure of such information would identify specific\ntrade secrets or other information that would be harmful to the competitive\nposition of the owner or lessee. However, such information shall be exempt only\nuntil the building is completed. Information relating to the safety or\nenvironmental soundness of any building shall not be exempt from disclosure.\n\n31. Trade secrets, including, but not limited to, financial information,\nincluding balance sheets and financial statements that are not generally\navailable to the public through regulatory disclosure or otherwise, and revenue\nand cost projections supplied by a private or nongovernmental entity to the\nVirginia Department of Transportation for the purpose of an audit, special\ninvestigation, or any study requested by the Virginia Department of\nTransportation in accordance with law.\n\t\t\tIn order for the records specified in this subdivision to be excluded from\nthe provisions of this chapter, the private or nongovernmental entity shall make\na written request to the Department:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for\nwhich protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data or other materials for which\nprotection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Virginia Department of Transportation shall determine whether the\nrequested exclusion from disclosure is necessary to protect trade secrets or\nfinancial records of the private entity. The Virginia Department of\nTransportation shall make a written determination of the nature and scope of the\nprotection to be afforded by it under this subdivision.\n\n32. Information related to a grant application, or accompanying a grant\napplication, submitted to the Department of Housing and Community Development\nthat would (i) reveal (a) trade secrets, (b) financial information of a grant\napplicant that is not a public body, including balance sheets and financial\nstatements, that are not generally available to the public through regulatory\ndisclosure or otherwise, or (c) research-related information produced or\ncollected by the applicant in the conduct of or as a result of study or research\non medical, rehabilitative, scientific, technical, technological, or scholarly\nissues, when such information has not been publicly released, published,\ncopyrighted, or patented, and (ii) be harmful to the competitive position of the\napplicant. The exclusion provided by this subdivision shall only apply to grants\nadministered by the Department, the Director of the Department, or pursuant to\n§ 36-139, Article 26 (§ 2.2-2484 et seq.) of Chapter 24, or the\nVirginia Telecommunication Initiative as authorized by the appropriations act.\n\t\t\tIn order for the information submitted by the applicant and specified in this\nsubdivision to be excluded from the provisions of this chapter, the applicant\nshall make a written request to the Department:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for\nwhich protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information, or other materials for\nwhich protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\t\t\tThe Department shall determine whether the requested exclusion from\ndisclosure is necessary to protect the trade secrets or confidential proprietary\ninformation of the applicant. The Department shall make a written determination\nof the nature and scope of the protection to be afforded by it under this\nsubdivision.\n\n33. Financial and proprietary records submitted with a loan application to a\nlocality for the preservation or construction of affordable housing that is\nrelated to a competitive application to be submitted to either the U.S.\nDepartment of Housing and Urban Development (HUD) or the Virginia Housing\nDevelopment Authority (VHDA), when the release of such records would adversely\naffect the bargaining or competitive position of the applicant. Such records\nshall not be withheld after they have been made public by HUD or VHDA.\n\n34. Information of a proprietary or confidential nature disclosed by a health\ncarrier or pharmacy benefits manager pursuant to § 38.2-3407.15:6, a\nwholesale distributor pursuant to § 54.1-3436.1, or a manufacturer pursuant\nto § 54.1-3442.02.\n\n35. Trade secrets, proprietary information, or financial information, including\nbalance sheets and financial statements, that are not generally available to the\npublic through regulatory disclosure or otherwise, supplied by an individual or\na private or nongovernmental entity to the Fort Monroe Authority for the purpose\nof complying with the obligations of any lease, easement, license, permit, or\nother agreement, whether of a commercial or residential real estate nature,\npertaining to the use or occupancy of any portion of Fort Monroe.\n\t\t\tIn order for the records specified in this subdivision to be excluded from\nthe provisions of this chapter, the individual or private or nongovernmental\nentity shall make a written request to the Fort Monroe Authority:\n\t\t\ta. Invoking such exclusion upon submission of the data or other materials for\nwhich protection from disclosure is sought;\n\t\t\tb. Identifying with specificity the data, information, or other materials for\nwhich protection is sought; and\n\t\t\tc. Stating the reasons why protection is necessary.\n\n36. Information of a proprietary or confidential nature, including trade\nsecrets, employee compensation information, balance sheets and financial\nstatements that are not available to the public through regulatory disclosure or\notherwise, and revenue and cost projections supplied by a private or\nnongovernmental entity to the Department of Workforce Development and\nAdvancement (the Department) for the purpose of sponsoring, implementing, and\noperating (i) an apprenticeship program approved by the Department or (ii) a\nsimilar lawful workforce development or public-private partnership approved by\nthe Department that assists the Department in fulfilling its mission and\nobjectives and whose workforce development initiative could not advance without\nsuch exemption, as determined by the Commissioner of the Department and the\nSecretary of Labor. However, nothing in this subdivision shall be construed to\nallow the withholding of the name and contact information of a private or\nnongovernmental entity sponsoring, implementing, or operating the apprenticeship\nprogram, the location of the program, the occupations offered by the program, or\nthe terms and conditions of a contract or agreement entered into by such private\nor nongovernmental entity.\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. 593,\n690; 2005, cc. 258, 411; 2006, cc. 73, 76, 467, 831, 921, 936; 2006, Sp. Sess.\nI, c. 1; 2007, cc. 374, 693; 2008, cc. 71, 102, 266, 387, 633, 689, 736, 743;\n2009, cc. 246, 311, 325, 765, 810, 869; 2010, cc. 310, 808; 2011, cc. 541, 781,\n798, 871; 2012, cc. 693, 709; 2013, cc. 54, 482, 574; 2015, cc. 696, 697; 2016,\ncc. 620, 716, 724, 725, 775; 2017, cc. 662, 737, 778, 796, 816; 2018, cc. 470,\n532, 533; 2019, cc. 358, 629; 2020, cc. 72, 79, 1164, 1169; 2021, Sp. Sess. I,\ncc. 298, 304, 532; 2022, cc. 554, 609; 2023, cc. 575, 576; 2025, cc. 90, 108.","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}}