                                 CODE OF VIRGINIA

SECURE REMOTE ACCESS TO LAND RECORDS (§ 17.1-294)

A. No circuit court clerk shall provide secure remote access to any land record
that does not comply with the provisions of this section and the secure remote
access standards developed by the Virginia Information Technologies Agency in
consultation with the circuit court clerks, the Executive Secretary of the
Supreme Court, the Compensation Board, and users of land and other court
records.

B. 1. Beginning July 1, 2012, any land record made available to subscribers via
secure remote access may contain only the last four digits of the social
security number of any party. Nothing in this subsection shall be construed to
require the clerk to reinsert the last four digits of a social security number
on any land record where the redaction of the entire social security number has
been completed prior to July 1, 2012.

   2. However, the original land record maintained by the clerk may contain a
   social security number if otherwise provided by law, but that original record
   shall not be made available via secure remote access unless it complies with
   this section.

   3. Except in cases where the original record is required by law to contain a
   social security number, the attorney or party who prepares or submits the land
   record for recordation has the responsibility for ensuring that the social
   security number has been removed from the writing prior to the
   instrument&#8217;s being submitted for recordation.

C. Nothing in this section shall be construed to prohibit access to any original
document as provided by law.

D. Nothing in this section shall be construed to permit any data accessed by
secure remote access to be sold or posted on any other website or in any way
redistributed to any third party, and the clerk, in his discretion, may deny
secure remote access to ensure compliance with these provisions. However, the
data accessed by secure remote access may be included in products or services
provided to a third party of the subscriber provided that (i) such data is not
made available to the general public and (ii) the subscriber maintains
administrative, technical, and security safeguards to protect the
confidentiality, integrity, and limited availability of the data.

E. The clerk of the circuit court of any jurisdiction shall be immune from suit
arising from any acts or omissions relating to providing secure remote access to
land records pursuant to this section unless the clerk was grossly negligent or
engaged in willful misconduct.

HISTORY: 2007, cc. 548, 626; 2009, c. 312; 2011, c. 715; 2012, c. 234.