{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/42.1-78.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/42.1-78.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/42.1-78.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/42.1-78.html"}],"law_id":85274,"edition_id":1,"section_id":85274,"structure_id":12940,"section_number":"42.1-78","catch_line":"Confidentiality safeguarded","history":"1976, c. 746; 1979, c. 110; 1990, c. 778; 1994, c. 64; 2006, c. 60; 2020, c. 773; 2023, cc. 126, 127.","full_text":"Any records made confidential by law shall be so treated. Records that by law are required to be closed to the public shall not be deemed to be made open to the public under the provisions of this chapter. Records in the custody of The Library of Virginia that are required to be closed to the public shall be open for public access 75 years after the date of creation of the record. No provision of this chapter shall be construed to authorize or require the opening of any records ordered to be sealed by a court; however, upon a petition filed with the clerk, a judge may enter an order releasing any record sealed prior to January 1, 1901. Medical and educational records made confidential by law shall remain so after being deposited in the archives. All records deposited in the archives that are not made confidential by law shall be open to public access.","order_by":null,"text":{"0":{"id":305575,"text":"Any records made confidential by law shall be so treated. Records that by law are required to be closed to the public shall not be deemed to be made open to the public under the provisions of this chapter. Records in the custody of The Library of Virginia that are required to be closed to the public shall be open for public access 75 years after the date of creation of the record. No provision of this chapter shall be construed to authorize or require the opening of any records ordered to be sealed by a court; however, upon a petition filed with the clerk, a judge may enter an order releasing any record sealed prior to January 1, 1901. Medical and educational records made confidential by law shall remain so after being deposited in the archives. All records deposited in the archives that are not made confidential by law shall be open to public access.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12940,"edition_id":1,"name":"Virginia Public Records Act","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12939,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":221153,"object_type":"structure","relational_id":12940,"identifier":"7","token":"42.1\/7","url":"\/42.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12939,"edition_id":1,"name":"Libraries","identifier":"42.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":220815,"object_type":"structure","relational_id":12939,"identifier":"42.1","token":"42.1","url":"\/42.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74854,"structure_id":12940,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","url":"\/42.1-76\/","token":"42.1\/7\/42.1-76","metadata":false},{"id":61180,"structure_id":12940,"section_number":"42.1-76.1","catch_line":"Notice of Chapter","url":"\/42.1-76.1\/","token":"42.1\/7\/42.1-76.1","metadata":false},{"id":58113,"structure_id":12940,"section_number":"42.1-77","catch_line":"Definitions","url":"\/42.1-77\/","token":"42.1\/7\/42.1-77","metadata":false},{"id":85274,"structure_id":12940,"section_number":"42.1-78","catch_line":"Confidentiality safeguarded","url":"\/42.1-78\/","token":"42.1\/7\/42.1-78","metadata":false},{"id":61369,"structure_id":12940,"section_number":"42.1-79","catch_line":"Records management function vested in The Library of Virginia","url":"\/42.1-79\/","token":"42.1\/7\/42.1-79","metadata":false},{"id":74386,"structure_id":12940,"section_number":"42.1-79.1","catch_line":"Repealed","url":"\/42.1-79.1\/","token":"42.1\/7\/42.1-79.1","metadata":false},{"id":86610,"structure_id":12940,"section_number":"42.1-80","catch_line":"Repealed","url":"\/42.1-80\/","token":"42.1\/7\/42.1-80","metadata":false},{"id":73353,"structure_id":12940,"section_number":"42.1-82","catch_line":"Duties and powers of Library Board","url":"\/42.1-82\/","token":"42.1\/7\/42.1-82","metadata":false},{"id":73183,"structure_id":12940,"section_number":"42.1-83","catch_line":"Repealed","url":"\/42.1-83\/","token":"42.1\/7\/42.1-83","metadata":false},{"id":86822,"structure_id":12940,"section_number":"42.1-84","catch_line":"Repealed","url":"\/42.1-84\/","token":"42.1\/7\/42.1-84","metadata":false},{"id":66498,"structure_id":12940,"section_number":"42.1-85","catch_line":"Records Management Program; agencies to cooperate; agencies to designate records officer","url":"\/42.1-85\/","token":"42.1\/7\/42.1-85","metadata":false},{"id":84716,"structure_id":12940,"section_number":"42.1-86","catch_line":"Essential public records; security recovery copies; disaster plans","url":"\/42.1-86\/","token":"42.1\/7\/42.1-86","metadata":false},{"id":57661,"structure_id":12940,"section_number":"42.1-86.01","catch_line":"Records may be retained in electronic medium","url":"\/42.1-86.01\/","token":"42.1\/7\/42.1-86.01","metadata":false},{"id":71117,"structure_id":12940,"section_number":"42.1-86.1","catch_line":"Disposition of public records","url":"\/42.1-86.1\/","token":"42.1\/7\/42.1-86.1","metadata":false},{"id":81852,"structure_id":12940,"section_number":"42.1-87","catch_line":"Archival public records","url":"\/42.1-87\/","token":"42.1\/7\/42.1-87","metadata":false},{"id":54042,"structure_id":12940,"section_number":"42.1-88","catch_line":"Custodians to deliver all records at expiration of term; penalty for noncompliance","url":"\/42.1-88\/","token":"42.1\/7\/42.1-88","metadata":false},{"id":84495,"structure_id":12940,"section_number":"42.1-89","catch_line":"Petition and court order for return of public records not in authorized possession","url":"\/42.1-89\/","token":"42.1\/7\/42.1-89","metadata":false},{"id":81039,"structure_id":12940,"section_number":"42.1-90","catch_line":"Seizure of public records not in authorized possession","url":"\/42.1-90\/","token":"42.1\/7\/42.1-90","metadata":false},{"id":70466,"structure_id":12940,"section_number":"42.1-90.1","catch_line":"Auditing","url":"\/42.1-90.1\/","token":"42.1\/7\/42.1-90.1","metadata":false},{"id":58901,"structure_id":12940,"section_number":"42.1-91","catch_line":"Repealed","url":"\/42.1-91\/","token":"42.1\/7\/42.1-91","metadata":false},{"id":78061,"structure_id":12940,"section_number":"42.1-91.1","catch_line":"Availability of public records created prior to January 1, 1901","url":"\/42.1-91.1\/","token":"42.1\/7\/42.1-91.1","metadata":false}],"previous_section":{"id":58113,"structure_id":12940,"section_number":"42.1-77","catch_line":"Definitions","url":"\/42.1-77\/","token":"42.1\/7\/42.1-77","metadata":false},"next_section":{"id":61369,"structure_id":12940,"section_number":"42.1-79","catch_line":"Records management function vested in The Library of Virginia","url":"\/42.1-79\/","token":"42.1\/7\/42.1-79","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/42.1-78\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 746 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 6 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 1979, chapter 110; in 1990, chapter 778; in 1994, chapter 64<\/a>; in 2006, chapter 60<\/a>; in 2020, chapter 773<\/a>; in 2023, chapters 126<\/a> and 127<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":221167,"object_type":"law","relational_id":85274,"identifier":"42.1-78","token":"42.1\/7\/42.1-78","url":"\/42.1-78\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/42.1-78\/","token":"42.1\/7\/42.1-78","dublin_core":{"Title":"Confidentiality safeguarded","Type":"Text","Format":"text\/html","Identifier":"\u00a7 42.1-78","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any records<\/span> made confidential by law<\/span> shall be so treated. Records<\/span> that by law<\/span> are required to be closed to the public shall not be deemed to be made open to the public under the provisions of this chapter. Records<\/span> in the custody<\/span> of The Library of Virginia that are required to be closed to the public shall be open for public access 75 years after the date of creation of the record<\/span>. No provision of this chapter shall be construed to authorize or require the opening of any records<\/span> ordered to be sealed<\/span> by a court<\/span>; however, upon a petition<\/span> filed with the clerk, a judge<\/span> may enter an order<\/span> releasing any record<\/span> sealed<\/span> prior to January 1, 1901. Medical and educational records<\/span> made confidential by law<\/span> shall remain so after being deposited in the archives<\/span>. All records<\/span> deposited in the archives<\/span> that are not made confidential by law<\/span> shall be open to public access.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY SAFEGUARDED (\u00a7 42.1-78)\n\nAny records made confidential by law shall be so treated. Records that by law\nare required to be closed to the public shall not be deemed to be made open to\nthe public under the provisions of this chapter. Records in the custody of The\nLibrary of Virginia that are required to be closed to the public shall be open\nfor public access 75 years after the date of creation of the record. No\nprovision of this chapter shall be construed to authorize or require the opening\nof any records ordered to be sealed by a court; however, upon a petition filed\nwith the clerk, a judge may enter an order releasing any record sealed prior to\nJanuary 1, 1901. Medical and educational records made confidential by law shall\nremain so after being deposited in the archives. All records deposited in the\narchives that are not made confidential by law shall be open to public access.\n\nHISTORY: 1976, c. 746; 1979, c. 110; 1990, c. 778; 1994, c. 64; 2006, c. 60;\n2020, c. 773; 2023, cc. 126, 127.","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}}