{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3806.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3806.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3806.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3806.html"}],"law_id":58445,"edition_id":1,"section_id":58445,"structure_id":13559,"section_number":"2.2-3806","catch_line":"Rights of data subjects","history":"1976, c. 597, \u00a7 2.1-382; 1978, c. 810; 1979, cc. 683, 688, 689; 1983, c. 372; 1995, c. 400; 2001, c. 844; 2004, c. 690; 2007, c. 232; 2017, c. 778.","full_text":"A\n\nAny agency maintaining personal information shall:1\n\nInform an individual who is asked to supply personal information about himself whether he is legally required, or may refuse, to supply the information requested, and also of any specific consequences that are known to the agency of providing or not providing the information.2\n\nGive notice to a data subject of the possible dissemination of part or all of this information to another agency, nongovernmental organization or system not having regular access authority, and indicate the use for which it is intended, and the specific consequences for the individual, which are known to the agency, of providing or not providing the information. However documented permission for dissemination in the hands of the other agency or organization shall satisfy the requirement of this subdivision. The notice may be given on applications or other data collection forms prepared by data subjects.3\n\nUpon request and proper identification of any data subject, or of his authorized agent, grant the data subject or agent the right to inspect, in a form comprehensible to him:\n\t\t\t\ta. All personal information about that data subject except as provided in subdivision 1 of § 2.2-3705.1, subdivision A 1 of § 2.2-3705.4, and subdivision 1 of § 2.2-3705.5.\n\t\t\t\tb. The nature of the sources of the information.\n\t\t\t\tc. The names of recipients, other than those with regular access authority, of personal information about the data subject including the identity of all persons and organizations involved and their relationship to the system when not having regular access authority, except that if the recipient has obtained the information as part of an ongoing criminal investigation such that disclosure of the investigation would jeopardize law-enforcement action, then no disclosure of such access shall be made to the data subject.4\n\nComply with the following minimum conditions of disclosure to data subjects:\n\t\t\t\ta. An agency shall make disclosures to data subjects required under this chapter, during normal business hours, in accordance with the procedures set forth in subsections B and C of § 2.2-3704 for responding to requests under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) or within a time period as may be mutually agreed upon by the agency and the data subject.\n\t\t\t\tb. The disclosures to data subjects required under this chapter shall be made (i) in person, if he appears in person and furnishes proper identification, or (ii) by mail, if he has made a written request, with proper identification. Copies of the documents containing the personal information sought by a data subject shall be furnished to him or his representative at reasonable charges for document search and duplication in accordance with subsection F of § 2.2-3704.\n\t\t\t\tc. The data subject shall be permitted to be accompanied by a person of his choosing, who shall furnish reasonable identification. An agency may require the data subject to furnish a written statement granting the agency permission to discuss the individual’s file in such person’s presence.5\n\nIf the data subject gives notice that he wishes to challenge, correct, or explain information about him in the information system, the following minimum procedures shall be followed:\n\t\t\t\ta. The agency maintaining the information system shall investigate, and record the current status of that personal information.\n\t\t\t\tb. If, after such investigation, the information is found to be incomplete, inaccurate, not pertinent, not timely, or not necessary to be retained, it shall be promptly corrected or purged.\n\t\t\t\tc. If the investigation does not resolve the dispute, the data subject may file a statement of not more than 200 words setting forth his position.\n\t\t\t\td. Whenever a statement of dispute is filed, the agency maintaining the information system shall supply any previous recipient with a copy of the statement and, in any subsequent dissemination or use of the information in question, clearly note that it is disputed and supply the statement of the data subject along with the information.\n\t\t\t\te. The agency maintaining the information system shall clearly and conspicuously disclose to the data subject his rights to make such a request.\n\t\t\t\tf. Following any correction or purging of personal information the agency shall furnish to past recipients notification that the item has been purged or corrected whose receipt shall be acknowledged.B\n\nNothing in this chapter shall be construed to require an agency to disseminate any recommendation or letter of reference from or to a third party that is a part of the personnel file of any data subject nor to disseminate any test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student’s performance, (ii) any seeker’s qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by any public body.\n\t\t\tAs used in this subsection, “test or examination” includes (i) any scoring key for any such test or examination and (ii) any other document that would jeopardize the security of the test or examination. Nothing contained in this subsection shall prohibit the release of test scores or results as provided by law, or to limit access to individual records as provided by law; however, the subject of the employment tests shall be entitled to review and inspect all documents relative to his performance on those employment tests.\n\t\t\tWhen, in the reasonable opinion of the public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, the test or examination shall be made available to the public. Minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.C\n\nNeither any provision of this chapter nor any provision of the Freedom of Information Act (§ 2.2-3700 et seq.) shall be construed to deny public access to records of the position, job classification, official salary or rate of pay of, and to records of the allowances or reimbursements for expenses paid to any public officer, official or employee at any level of state, local or regional government in the Commonwealth. The provisions of this subsection shall not apply to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less.D\n\nNothing in this section or in this chapter shall be construed to require an agency to disseminate information derived from tax returns prohibited from release pursuant to § 58.1-3.","order_by":null,"text":{"0":{"id":214199,"text":"Any agency maintaining personal information shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":214200,"text":"Inform an individual who is asked to supply personal information about himself whether he is legally required, or may refuse, to supply the information requested, and also of any specific consequences that are known to the agency of providing or not providing the information.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":214201,"text":"Give notice to a data subject of the possible dissemination of part or all of this information to another agency, nongovernmental organization or system not having regular access authority, and indicate the use for which it is intended, and the specific consequences for the individual, which are known to the agency, of providing or not providing the information. However documented permission for dissemination in the hands of the other agency or organization shall satisfy the requirement of this subdivision. The notice may be given on applications or other data collection forms prepared by data subjects.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":214202,"text":"Upon request and proper identification of any data subject, or of his authorized agent, grant the data subject or agent the right to inspect, in a form comprehensible to him:\n\t\t\t\ta. All personal information about that data subject except as provided in subdivision 1 of § 2.2-3705.1, subdivision A 1 of § 2.2-3705.4, and subdivision 1 of § 2.2-3705.5.\n\t\t\t\tb. The nature of the sources of the information.\n\t\t\t\tc. The names of recipients, other than those with regular access authority, of personal information about the data subject including the identity of all persons and organizations involved and their relationship to the system when not having regular access authority, except that if the recipient has obtained the information as part of an ongoing criminal investigation such that disclosure of the investigation would jeopardize law-enforcement action, then no disclosure of such access shall be made to the data subject.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":214203,"text":"Comply with the following minimum conditions of disclosure to data subjects:\n\t\t\t\ta. An agency shall make disclosures to data subjects required under this chapter, during normal business hours, in accordance with the procedures set forth in subsections B and C of § 2.2-3704 for responding to requests under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) or within a time period as may be mutually agreed upon by the agency and the data subject.\n\t\t\t\tb. The disclosures to data subjects required under this chapter shall be made (i) in person, if he appears in person and furnishes proper identification, or (ii) by mail, if he has made a written request, with proper identification. Copies of the documents containing the personal information sought by a data subject shall be furnished to him or his representative at reasonable charges for document search and duplication in accordance with subsection F of § 2.2-3704.\n\t\t\t\tc. The data subject shall be permitted to be accompanied by a person of his choosing, who shall furnish reasonable identification. An agency may require the data subject to furnish a written statement granting the agency permission to discuss the individual’s file in such person’s presence.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":214204,"text":"If the data subject gives notice that he wishes to challenge, correct, or explain information about him in the information system, the following minimum procedures shall be followed:\n\t\t\t\ta. The agency maintaining the information system shall investigate, and record the current status of that personal information.\n\t\t\t\tb. If, after such investigation, the information is found to be incomplete, inaccurate, not pertinent, not timely, or not necessary to be retained, it shall be promptly corrected or purged.\n\t\t\t\tc. If the investigation does not resolve the dispute, the data subject may file a statement of not more than 200 words setting forth his position.\n\t\t\t\td. Whenever a statement of dispute is filed, the agency maintaining the information system shall supply any previous recipient with a copy of the statement and, in any subsequent dissemination or use of the information in question, clearly note that it is disputed and supply the statement of the data subject along with the information.\n\t\t\t\te. The agency maintaining the information system shall clearly and conspicuously disclose to the data subject his rights to make such a request.\n\t\t\t\tf. Following any correction or purging of personal information the agency shall furnish to past recipients notification that the item has been purged or corrected whose receipt shall be acknowledged.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":214205,"text":"Nothing in this chapter shall be construed to require an agency to disseminate any recommendation or letter of reference from or to a third party that is a part of the personnel file of any data subject nor to disseminate any test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student’s performance, (ii) any seeker’s qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by any public body.\n\t\t\tAs used in this subsection, “test or examination” includes (i) any scoring key for any such test or examination and (ii) any other document that would jeopardize the security of the test or examination. Nothing contained in this subsection shall prohibit the release of test scores or results as provided by law, or to limit access to individual records as provided by law; however, the subject of the employment tests shall be entitled to review and inspect all documents relative to his performance on those employment tests.\n\t\t\tWhen, in the reasonable opinion of the public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, the test or examination shall be made available to the public. Minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":214206,"text":"Neither any provision of this chapter nor any provision of the Freedom of Information Act (§ 2.2-3700 et seq.) shall be construed to deny public access to records of the position, job classification, official salary or rate of pay of, and to records of the allowances or reimbursements for expenses paid to any public officer, official or employee at any level of state, local or regional government in the Commonwealth. The provisions of this subsection shall not apply to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":214207,"text":"Nothing in this section or in this chapter shall be construed to require an agency to disseminate information derived from tax returns prohibited from release pursuant to § 58.1-3.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13559,"edition_id":1,"name":"Government Data Collection and Dissemination Practices Act","identifier":"38","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:45:14","date_modified":"2026-06-26 03:45:14","permalink":{"id":176597,"object_type":"structure","relational_id":13559,"identifier":"38","token":"2.2\/II\/B\/38","url":"\/2.2\/II\/B\/38\/","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":69409,"structure_id":13559,"section_number":"2.2-3800","catch_line":"Short title; findings; principles of information practice","url":"\/2.2-3800\/","token":"2.2\/II\/B\/38\/2.2-3800","metadata":false},{"id":54522,"structure_id":13559,"section_number":"2.2-3801","catch_line":"Definitions","url":"\/2.2-3801\/","token":"2.2\/II\/B\/38\/2.2-3801","metadata":false},{"id":62575,"structure_id":13559,"section_number":"2.2-3802","catch_line":"Systems to which chapter inapplicable","url":"\/2.2-3802\/","token":"2.2\/II\/B\/38\/2.2-3802","metadata":false},{"id":58950,"structure_id":13559,"section_number":"2.2-3803","catch_line":"Administration of systems including personal information; Internet privacy policy; exceptions","url":"\/2.2-3803\/","token":"2.2\/II\/B\/38\/2.2-3803","metadata":false},{"id":55705,"structure_id":13559,"section_number":"2.2-3804","catch_line":"Military recruiters to have access to student information, school buildings, etc","url":"\/2.2-3804\/","token":"2.2\/II\/B\/38\/2.2-3804","metadata":false},{"id":59280,"structure_id":13559,"section_number":"2.2-3805","catch_line":"Dissemination of reports","url":"\/2.2-3805\/","token":"2.2\/II\/B\/38\/2.2-3805","metadata":false},{"id":58445,"structure_id":13559,"section_number":"2.2-3806","catch_line":"Rights of data subjects","url":"\/2.2-3806\/","token":"2.2\/II\/B\/38\/2.2-3806","metadata":false},{"id":69841,"structure_id":13559,"section_number":"2.2-3807","catch_line":"Agencies to report concerning systems operated or developed; publication of information","url":"\/2.2-3807\/","token":"2.2\/II\/B\/38\/2.2-3807","metadata":false},{"id":86548,"structure_id":13559,"section_number":"2.2-3808","catch_line":"Collection, disclosure, or display of social security number; personal identifying information of donors; penalty","url":"\/2.2-3808\/","token":"2.2\/II\/B\/38\/2.2-3808","metadata":false},{"id":62639,"structure_id":13559,"section_number":"2.2-3808.1","catch_line":"Agencies' disclosure of certain account information prohibited","url":"\/2.2-3808.1\/","token":"2.2\/II\/B\/38\/2.2-3808.1","metadata":false},{"id":71106,"structure_id":13559,"section_number":"2.2-3808.2","catch_line":"Repealed","url":"\/2.2-3808.2\/","token":"2.2\/II\/B\/38\/2.2-3808.2","metadata":false},{"id":80323,"structure_id":13559,"section_number":"2.2-3809","catch_line":"Injunctive relief; civil penalty; attorneys' fees","url":"\/2.2-3809\/","token":"2.2\/II\/B\/38\/2.2-3809","metadata":false}],"previous_section":{"id":59280,"structure_id":13559,"section_number":"2.2-3805","catch_line":"Dissemination of reports","url":"\/2.2-3805\/","token":"2.2\/II\/B\/38\/2.2-3805","metadata":false},"next_section":{"id":69841,"structure_id":13559,"section_number":"2.2-3807","catch_line":"Agencies to report concerning systems operated or developed; publication of information","url":"\/2.2-3807\/","token":"2.2\/II\/B\/38\/2.2-3807","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3806\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 597 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1978, chapter 810; in 1979, chapters 683, 688, and 689; in 1983, chapter 372; in 1995, chapter 400<\/a>; in 2001, chapter 844<\/a>; in 2004, chapter 690<\/a>; in 2007, chapter 232<\/a>; in 2017, chapter 778<\/a>.<\/p>","references":[{"id":84798,"section_number":"2.2-3815","catch_line":"Access to social security numbers prohibited; exceptions","order_by":null,"url":"\/2.2-3815\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":55816,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","order_by":null,"url":"\/2.2-3704\/"},{"id":72874,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","order_by":null,"url":"\/2.2-3705.1\/"},{"id":69909,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","order_by":null,"url":"\/2.2-3705.4\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":57817,"section_number":"58.1-3","catch_line":"Secrecy of information; penalties","order_by":null,"url":"\/58.1-3\/"}],"permalink":{"id":176623,"object_type":"law","relational_id":58445,"identifier":"2.2-3806","token":"2.2\/II\/B\/38\/2.2-3806","url":"\/2.2-3806\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3806\/","token":"2.2\/II\/B\/38\/2.2-3806","dublin_core":{"Title":"Rights of data subjects","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3806","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any agency<\/span> maintaining personal information<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Inform an individual who is asked to supply personal information<\/span> about himself whether he is legally required, or may refuse, to supply the information requested, and also of any specific consequences that are known to the agency<\/span> of providing or not providing the information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Give notice to a data subject<\/span> of the possible dissemination of part or all of this information to another agency<\/span>, nongovernmental organization or system not having regular access authority, and indicate the use for which it is intended, and the specific consequences for the individual, which are known to the agency<\/span>, of providing or not providing the information. However documented permission for dissemination in the hands of the other agency<\/span> or organization shall satisfy the requirement of this subdivision. The notice may be given on applications or other data collection forms prepared by data subjects<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon request and proper identification of any data subject<\/span>, or of his authorized agent, grant the data subject<\/span> or agent the right to inspect, in a form comprehensible to him:\n\t\t\t\ta. All personal information<\/span> about that data subject<\/span> except as provided in subdivision 1 of § 2.2-3705.1<\/a>, subdivision A 1 of § 2.2-3705.4<\/a>, and subdivision 1 of § 2.2-3705.5<\/a>.\n\t\t\t\tb. The nature of the sources of the information.\n\t\t\t\tc. The names of recipients, other than those with regular access authority, of personal information<\/span> about the data subject<\/span> including the identity of all persons and organizations involved and their relationship to the system when not having regular access authority, except that if the recipient has obtained the information as part of an ongoing criminal investigation such that disclosure of the investigation would jeopardize law<\/span>-enforcement action, then no disclosure of such access shall be made to the data subject<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Comply with the following minimum conditions of disclosure to data subjects<\/span>:\n\t\t\t\ta. An agency<\/span> shall make disclosures to data subjects<\/span> required under this chapter, during normal business hours, in accordance with the procedures set forth in subsections B and C of § 2.2-3704<\/a> for responding to requests under the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.) or within a time period as may be mutually agreed upon by the agency<\/span> and the data subject<\/span>.\n\t\t\t\tb. The disclosures to data subjects<\/span> required under this chapter shall be made (i) in person, if he appears in person and furnishes proper identification, or (ii) by mail, if he has made a written request, with proper identification. Copies of the documents containing the personal information<\/span> sought by a data subject<\/span> shall be furnished to him or his representative at reasonable charges for document search and duplication in accordance with subsection F of § 2.2-3704<\/a>.\n\t\t\t\tc. The data subject<\/span> shall be permitted to be accompanied by a person of his choosing, who shall furnish reasonable identification. An agency<\/span> may require the data subject<\/span> to furnish a written statement granting the agency<\/span> permission to discuss the individual’s file in such person’s presence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the data subject<\/span> gives notice that he wishes to challenge, correct, or explain information about him in the information system<\/span>, the following minimum procedures shall be followed:\n\t\t\t\ta. The agency<\/span> maintaining the information system<\/span> shall investigate, and record the current status of that personal information<\/span>.\n\t\t\t\tb. If, after such investigation, the information is found to be incomplete, inaccurate, not pertinent, not timely, or not necessary to be retained, it shall be promptly corrected or purged.\n\t\t\t\tc. If the investigation does not resolve the dispute, the data subject<\/span> may file a statement of not more than 200 words setting forth his position.\n\t\t\t\td. Whenever a statement of dispute is filed, the agency<\/span> maintaining the information system<\/span> shall supply any previous recipient with a copy of the statement and, in any subsequent dissemination or use of the information in question, clearly note that it is disputed and supply the statement of the data subject<\/span> along with the information.\n\t\t\t\te. The agency<\/span> maintaining the information system<\/span> shall clearly and conspicuously disclose to the data subject<\/span> his rights to make such a request.\n\t\t\t\tf. Following any correction or purging of personal information<\/span> the agency<\/span> shall furnish to past recipients notification that the item has been purged or corrected whose receipt shall be acknowledged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this chapter shall be construed to require an agency<\/span> to disseminate<\/span> any recommendation or letter of reference from or to a third party<\/span> that is a part of the personnel file of any data subject<\/span> nor to disseminate<\/span> any test or examination<\/span> used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student’s performance, (ii) any seeker’s qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by any public body.\n\t\t\tAs used in this subsection, “test or examination<\/span>” includes (i) any scoring key for any such test or examination<\/span> and (ii) any other document that would jeopardize the security of the test or examination<\/span>. Nothing contained in this subsection shall prohibit the release of test scores or results as provided by law<\/span>, or to limit access to individual records as provided by law<\/span>; however, the subject of the employment tests shall be entitled to review and inspect all documents relative to his performance on those employment tests.\n\t\t\tWhen, in the reasonable opinion<\/span> of the public body, any such test or examination<\/span> no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, the test or examination<\/span> shall be made available to the public. Minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Neither any provision of this chapter nor any provision of the Freedom of Information Act (§ 2.2-3700<\/a> et seq.) shall be construed to deny public access to records of the position, job classification, official salary or rate of pay of, and to records of the allowances or reimbursements for expenses paid to any public officer, official or employee at any level of state, local or regional government in the Commonwealth. The provisions of this subsection shall not apply to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section or in this chapter shall be construed to require an agency<\/span> to disseminate<\/span> information derived from tax returns prohibited from release pursuant to § 58.1-3<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS OF DATA SUBJECTS (\u00a7 2.2-3806)\n\nA. Any agency maintaining personal information shall:\n\n 1. Inform an individual who is asked to supply personal information about\n himself whether he is legally required, or may refuse, to supply the\n information requested, and also of any specific consequences that are known to\n the agency of providing or not providing the information.\n\n 2. Give notice to a data subject of the possible dissemination of part or all\n of this information to another agency, nongovernmental organization or system\n not having regular access authority, and indicate the use for which it is\n intended, and the specific consequences for the individual, which are known to\n the agency, of providing or not providing the information. However documented\n permission for dissemination in the hands of the other agency or organization\n shall satisfy the requirement of this subdivision. The notice may be given on\n applications or other data collection forms prepared by data subjects.\n\n 3. Upon request and proper identification of any data subject, or of his\n authorized agent, grant the data subject or agent the right to inspect, in a\n form comprehensible to him:\n \t\t\t\ta. All personal information about that data subject except as provided in\n subdivision 1 of § 2.2-3705.1, subdivision A 1 of § 2.2-3705.4, and\n subdivision 1 of § 2.2-3705.5.\n \t\t\t\tb. The nature of the sources of the information.\n \t\t\t\tc. The names of recipients, other than those with regular access\n authority, of personal information about the data subject including the\n identity of all persons and organizations involved and their relationship to\n the system when not having regular access authority, except that if the\n recipient has obtained the information as part of an ongoing criminal\n investigation such that disclosure of the investigation would jeopardize\n law-enforcement action, then no disclosure of such access shall be made to the\n data subject.\n\n 4. Comply with the following minimum conditions of disclosure to data\n subjects:\n \t\t\t\ta. An agency shall make disclosures to data subjects required under this\n chapter, during normal business hours, in accordance with the procedures set\n forth in subsections B and C of § 2.2-3704 for responding to requests\n under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) or\n within a time period as may be mutually agreed upon by the agency and the data\n subject.\n \t\t\t\tb. The disclosures to data subjects required under this chapter shall be\n made (i) in person, if he appears in person and furnishes proper\n identification, or (ii) by mail, if he has made a written request, with proper\n identification. Copies of the documents containing the personal information\n sought by a data subject shall be furnished to him or his representative at\n reasonable charges for document search and duplication in accordance with\n subsection F of § 2.2-3704.\n \t\t\t\tc. The data subject shall be permitted to be accompanied by a person of\n his choosing, who shall furnish reasonable identification. An agency may\n require the data subject to furnish a written statement granting the agency\n permission to discuss the individual’s file in such person’s\n presence.\n\n 5. If the data subject gives notice that he wishes to challenge, correct, or\n explain information about him in the information system, the following minimum\n procedures shall be followed:\n \t\t\t\ta. The agency maintaining the information system shall investigate, and\n record the current status of that personal information.\n \t\t\t\tb. If, after such investigation, the information is found to be\n incomplete, inaccurate, not pertinent, not timely, or not necessary to be\n retained, it shall be promptly corrected or purged.\n \t\t\t\tc. If the investigation does not resolve the dispute, the data subject may\n file a statement of not more than 200 words setting forth his position.\n \t\t\t\td. Whenever a statement of dispute is filed, the agency maintaining the\n information system shall supply any previous recipient with a copy of the\n statement and, in any subsequent dissemination or use of the information in\n question, clearly note that it is disputed and supply the statement of the\n data subject along with the information.\n \t\t\t\te. The agency maintaining the information system shall clearly and\n conspicuously disclose to the data subject his rights to make such a request.\n \t\t\t\tf. Following any correction or purging of personal information the agency\n shall furnish to past recipients notification that the item has been purged or\n corrected whose receipt shall be acknowledged.\n\nB. Nothing in this chapter shall be construed to require an agency to\ndisseminate any recommendation or letter of reference from or to a third party\nthat is a part of the personnel file of any data subject nor to disseminate any\ntest or examination used, administered or prepared by any public body for\npurposes of evaluation of (i) any student or any student’s performance,\n(ii) any seeker’s qualifications or aptitude for employment, retention, or\npromotion, or (iii) qualifications for any license or certificate issued by any\npublic body.\n\t\t\tAs used in this subsection, “test or examination” includes (i)\nany scoring key for any such test or examination and (ii) any other document\nthat would jeopardize the security of the test or examination. Nothing contained\nin this subsection shall prohibit the release of test scores or results as\nprovided by law, or to limit access to individual records as provided by law;\nhowever, the subject of the employment tests shall be entitled to review and\ninspect all documents relative to his performance on those employment tests.\n\t\t\tWhen, in the reasonable opinion of the public body, any such test or\nexamination no longer has any potential for future use, and the security of\nfuture tests or examinations will not be jeopardized, the test or examination\nshall be made available to the public. Minimum competency tests administered to\npublic school children shall be made available to the public contemporaneously\nwith statewide release of the scores of those taking such tests, but in no event\nshall such tests be made available to the public later than six months after the\nadministration of such tests.\n\nC. Neither any provision of this chapter nor any provision of the Freedom of\nInformation Act (§ 2.2-3700 et seq.) shall be construed to deny public\naccess to records of the position, job classification, official salary or rate\nof pay of, and to records of the allowances or reimbursements for expenses paid\nto any public officer, official or employee at any level of state, local or\nregional government in the Commonwealth. The provisions of this subsection shall\nnot apply to records of the official salaries or rates of pay of public\nemployees whose annual rate of pay is $10,000 or less.\n\nD. Nothing in this section or in this chapter shall be construed to require an\nagency to disseminate information derived from tax returns prohibited from\nrelease pursuant to § 58.1-3.\n\nHISTORY: 1976, c. 597, \u00a7 2.1-382; 1978, c. 810; 1979, cc. 683, 688, 689; 1983,\nc. 372; 1995, c. 400; 2001, c. 844; 2004, c. 690; 2007, c. 232; 2017, c. 778.","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}}