                                 CODE OF VIRGINIA

EXCLUSIONS TO APPLICATION OF CHAPTER; RECORDS OF SPECIFIC PUBLIC BODIES AND
CERTAIN OTHER LIMITED EXCLUSIONS (§ 2.2-3705.7)

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 § 2.2-3704.01.

1. State income, business, and estate tax returns, personal property tax
returns, and confidential records held pursuant to &#xA7; 58.1-3.

2. Working papers and correspondence of the Office of the Governor, the
Lieutenant Governor, or the Attorney General; the members of the General
Assembly, the Division of Legislative Services, or the Clerks of the House of
Delegates or the Senate of Virginia; the mayor or chief executive officer of any
political subdivision of the Commonwealth; or the president or other chief
executive officer of any public institution of higher education in the
Commonwealth. However, no information that is otherwise open to inspection under
this chapter shall be deemed excluded by virtue of the fact that it has been
attached to or incorporated within any working paper or correspondence. Further,
information publicly available or not otherwise subject to an exclusion under
this chapter or other provision of law that has been aggregated, combined, or
changed in format without substantive analysis or revision shall not be deemed
working papers. Nothing in this subdivision shall be construed to authorize the
withholding of any resumes or applications submitted by persons who are
appointed by the Governor pursuant to &#xA7; 2.2-106 or 2.2-107.
			As used in this subdivision:
			&#8220;Members of the General Assembly&#8221; means each member of the Senate
of Virginia and the House of Delegates and their legislative aides when working
on behalf of such member.
			&#8220;Office of the Governor&#8221; means the Governor; the Governor&#8217;s
chief of staff, counsel, director of policy, and Cabinet Secretaries; the
Assistant to the Governor for Intergovernmental Affairs; and those individuals
to whom the Governor has delegated his authority pursuant to &#xA7; 2.2-104.
&#8220;Working papers&#8221; means those records prepared by or for a public
official identified in this subdivision for his personal or deliberative use.
			&#8220;Working papers&#8221; means those records prepared by or for a public
official identified in this subdivision for his personal or deliberative use.

3. Information contained in library records that can be used to identify (i)
both (a) any library patron who has borrowed or accessed material or resources
from a library and (b) the material or resources such patron borrowed or
accessed or (ii) any library patron under 18 years of age. For the purposes of
clause (ii), access shall not be denied to the parent, including a noncustodial
parent, or guardian of such library patron.

4. Contract cost estimates prepared for the confidential use of the Department
of Transportation in awarding contracts for construction or the purchase of
goods or services, and records and automated systems prepared for the
Department&#8217;s Bid Analysis and Monitoring Program.

5. Lists of registered owners of bonds issued by a political subdivision of the
Commonwealth, whether the lists are maintained by the political subdivision
itself or by a single fiduciary designated by the political subdivision.

6. Information furnished by a member of the General Assembly to a meeting of a
standing committee, special committee, or subcommittee of his house established
solely for the purpose of reviewing members&#8217; annual disclosure statements
and supporting materials filed under &#xA7; 30-110 or of formulating advisory
opinions to members on standards of conduct, or both.

7. Customer account information of a public utility affiliated with a political
subdivision of the Commonwealth, including the customer&#8217;s name and service
address, but excluding the amount of utility service provided and the amount of
money charged or paid for such utility service.

8. Personal information, as defined in &#xA7; 2.2-3801, (i) filed with the
Virginia Housing Development Authority concerning individuals who have applied
for or received loans or other housing assistance or who have applied for
occupancy of or have occupied housing financed, owned or otherwise assisted by
the Virginia Housing Development Authority; (ii) concerning persons
participating in or persons on the waiting list for federally funded
rent-assistance programs; (iii) filed with any local redevelopment and housing
authority created pursuant to &#xA7; 36-4 concerning persons participating in or
persons on the waiting list for housing assistance programs funded by local
governments or by any such authority; or (iv) filed with any local redevelopment
and housing authority created pursuant to &#xA7; 36-4 or any other local
government agency concerning persons who have applied for occupancy or who have
occupied affordable dwelling units established pursuant to &#xA7; 15.2-2304 or
15.2-2305. However, access to one&#8217;s own information shall not be denied.

9. Information regarding the siting of hazardous waste facilities, except as
provided in &#xA7; 10.1-1441, if disclosure of such information would have a
detrimental effect upon the negotiating position of a governing body or on the
establishment of the terms, conditions, and provisions of the siting agreement.

10. Information on the site-specific location of rare, threatened, endangered,
or otherwise imperiled plant and animal species, natural communities, caves, and
significant historic and archaeological sites if, in the opinion of the public
body that has the responsibility for such information, disclosure of the
information would jeopardize the continued existence or the integrity of the
resource. This exclusion shall not apply to requests from the owner of the land
upon which the resource is located.

11. Memoranda, graphics, video or audio tapes, production models, data, and
information of a proprietary nature produced by or for or collected by or for
the Virginia Lottery relating to matters of a specific lottery game design,
development, production, operation, ticket price, prize structure, manner of
selecting the winning ticket, manner of payment of prizes to holders of winning
tickets, frequency of drawings or selections of winning tickets, odds of
winning, advertising, or marketing, where such information not been publicly
released, published, copyrighted, or patented. Whether released, published, or
copyrighted, all game-related information shall be subject to public disclosure
under this chapter upon the first day of sales for the specific lottery game to
which it pertains.

12. Information held by the Virginia Retirement System, acting pursuant to
&#xA7; 51.1-124.30, or a local retirement system, acting pursuant to &#xA7;
51.1-803, or by a local finance board or board of trustees of a trust
established by one or more local public bodies to invest funds for
post-retirement benefits other than pensions, acting pursuant to Article 8
(&#xA7; 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of
visitors of the University of Virginia, acting pursuant to &#xA7; 23.1-2210, or
by the board of visitors of The College of William and Mary in Virginia, acting
pursuant to &#xA7; 23.1-2803, or by the Commonwealth Savers Plan, acting
pursuant to &#xA7; 23.1-704, relating to the acquisition, holding, or
disposition of a security or other ownership interest in an entity, where such
security or ownership interest is not traded on a governmentally regulated
securities exchange, if disclosure of such information would (i) reveal
confidential analyses prepared for the board of visitors of the University of
Virginia, prepared for the board of visitors of The College of William and Mary
in Virginia, prepared by the retirement system, a local finance board or board
of trustees, or the Commonwealth Savers Plan, or provided to the retirement
system, a local finance board or board of trustees, or the Commonwealth Savers
Plan under a promise of confidentiality of the future value of such ownership
interest or the future financial performance of the entity and (ii) have an
adverse effect on the value of the investment to be acquired, held, or disposed
of by the retirement system, a local finance board or board of trustees, the
board of visitors of the University of Virginia, the board of visitors of The
College of William and Mary in Virginia, or the Commonwealth Savers Plan.
Nothing in this subdivision shall be construed to prevent the disclosure of
information relating to the identity of any investment held, the amount
invested, or the present value of such investment.

13. Financial, medical, rehabilitative, and other personal information
concerning applicants for or recipients of loan funds submitted to or maintained
by the Assistive Technology Loan Fund Authority under Chapter 11 (&#xA7; 51.5-53
et seq.) of Title 51.5.

14. Information held by the Virginia Commonwealth University Health System
Authority pertaining to any of the following: an individual&#8217;s
qualifications for or continued membership on its medical or teaching staffs;
proprietary information gathered by or in the possession of the Authority from
third parties pursuant to a promise of confidentiality; contract cost estimates
prepared for confidential use in awarding contracts for construction or the
purchase of goods or services; information of a proprietary nature produced or
collected by or for the Authority or members of its medical or teaching staffs;
financial statements not publicly available that may be filed with the Authority
from third parties; the identity, accounts, or account status of any customer of
the Authority; consulting or other reports paid for by the Authority to assist
the Authority in connection with its strategic planning and goals; the
determination of marketing and operational strategies where disclosure of such
strategies would be harmful to the competitive position of the Authority; and
information of a proprietary nature produced or collected by or for employees of
the Authority, other than the Authority&#8217;s financial or administrative
records, in the conduct of or as a result of study or research on medical,
scientific, technical, or scholarly issues, whether sponsored by the Authority
alone or in conjunction with a governmental body or a private concern, when such
information has not been publicly released, published, copyrighted, or patented.
This exclusion shall also apply when such information is in the possession of
Virginia Commonwealth University.

15. Information held by the Department of Environmental Quality, the State Water
Control Board, the State Air Pollution Control Board, or the Virginia Waste
Management Board relating to (i) active federal environmental enforcement
actions that are considered confidential under federal law and (ii) enforcement
strategies, including proposed sanctions for enforcement actions. Upon request,
such information shall be disclosed after a proposed sanction resulting from the
investigation has been proposed to the director of the agency. This subdivision
shall not be construed to prevent the disclosure of information related to
inspection reports, notices of violation, and documents detailing the nature of
any environmental contamination that may have occurred or similar documents.

16. Information related to the operation of toll facilities that identifies an
individual, vehicle, or travel itinerary, including vehicle identification data
or vehicle enforcement system information; video or photographic images; Social
Security or other identification numbers appearing on driver&#8217;s licenses;
credit card or bank account data; home addresses; phone numbers; or records of
the date or time of toll facility use.

17. Information held by the Virginia Lottery pertaining to (i) the social
security number, tax identification number, state sales tax number, home address
and telephone number, personal and lottery banking account and transit numbers
of a retailer, and financial information regarding the nonlottery operations of
specific retail locations and (ii) individual lottery winners, except that a
winner&#8217;s name, hometown, and amount won shall be disclosed. If the value
of the prize won by the winner is $1 million or greater, the information
described in clause (ii) shall not be disclosed unless the winner consents in
writing to such disclosure.

18. Information held by the Board for Branch Pilots relating to the chemical or
drug testing of a person regulated by the Board, where such person has tested
negative or has not been the subject of a disciplinary action by the Board for a
positive test result.

19. Information pertaining to the planning, scheduling, and performance of
examinations of holder records pursuant to the Virginia Disposition of Unclaimed
Property Act (&#xA7; 55.1-2500 et seq.) prepared by or for the State Treasurer
or his agents or employees or persons employed to perform an audit or
examination of holder records.

20. Information held by the Virginia Department of Emergency Management or a
local governing body relating to citizen emergency response teams established
pursuant to an ordinance of a local governing body that reveal the name,
address, including e-mail address, telephone or pager numbers, or operating
schedule of an individual participant in the program.

21. Information held by state or local park and recreation departments and local
and regional park authorities or by the Department of Workforce Development and
Advancement concerning identifiable individuals younger than 18 years of age.
However, nothing in this subdivision shall operate to prevent the disclosure of
information defined as directory information under regulations implementing the
federal Family Educational Rights and Privacy Act, 20 U.S.C. &#xA7; 1232g,
unless the public body has undertaken the parental notification and opt-out
requirements provided by such regulations. Access shall not be denied to the
parent, including a noncustodial parent, or guardian of such person, unless the
parent&#8217;s parental rights have been terminated or a court of competent
jurisdiction has restricted or denied such access. For such information of
persons who are emancipated, the right of access may be asserted by the subject
thereof. Any parent or emancipated person who is the subject of the information
may waive, in writing, the protections afforded by this subdivision. If the
protections are so waived, the public body shall open such information for
inspection and copying.

22. Information submitted for inclusion in the Statewide Alert Network
administered by the Department of Emergency Management that reveal names,
physical addresses, email addresses, computer or internet protocol information,
telephone numbers, pager numbers, other wireless or portable communications
device information, or operating schedules of individuals or agencies, where the
release of such information would compromise the security of the Statewide Alert
Network or individuals participating in the Statewide Alert Network.

23. Information held by the Judicial Inquiry and Review Commission made
confidential by &#xA7; 17.1-913.

24. Information held by the Virginia Retirement System acting pursuant to §
51.1-124.30, a local retirement system acting pursuant to § 51.1-803
(hereinafter collectively referred to as the retirement system), or the
Commonwealth Savers Plan, acting pursuant to § 23.1-704 relating to:
			a. Internal deliberations of or decisions by the retirement system or the
Commonwealth Savers Plan on the pursuit of particular investment strategies, or
the selection or termination of investment managers, prior to the execution of
such investment strategies or the selection or termination of such managers, if
disclosure of such information would have an adverse impact on the financial
interest of the retirement system or the Commonwealth Savers Plan; and
			b. Trade secrets provided by a private entity to the retirement system or the
Commonwealth Savers Plan if disclosure of such records would have an adverse
impact on the financial interest of the retirement system or the Commonwealth
Savers Plan.
			For the records specified in subdivision b to be excluded from the provisions
of this chapter, the entity shall make a written request to the retirement
system or the Commonwealth Savers Plan:

   1. Invoking such exclusion prior to or upon submission of the data or other
   materials for which protection from disclosure is sought;

   2. Identifying with specificity the data or other materials for which
   protection is sought; and

   3. Stating the reasons why protection is necessary.
   				The retirement system or the Commonwealth Savers Plan shall determine
   whether the requested exclusion from disclosure meets the requirements set
   forth in subdivision b.
   				Nothing in this subdivision shall be construed to prevent the disclosure
   of the identity or amount of any investment held or the present value and
   performance of all asset classes and subclasses.

25. Information held by the Department of Corrections made confidential by
former &#xA7; 53.1-233.

26. Information maintained by the Department of the Treasury or participants in
the Local Government Investment Pool (&#xA7; 2.2-4600 et seq.) and required to
be provided by such participants to the Department to establish accounts in
accordance with &#xA7; 2.2-4602.

27. Personal information, as defined in &#xA7; 2.2-3801, contained in the
Veterans Care Center Resident Trust Funds concerning residents or patients of
the Department of Veterans Services Care Centers, except that access shall not
be denied to the person who is the subject of the information.

28. Information maintained in connection with fundraising activities by the
Veterans Services Foundation pursuant to &#xA7; 2.2-2716 that reveal the
address, electronic mail address, facsimile or telephone number, social security
number or other identification number appearing on a driver&#8217;s license or
other document issued under Chapter 3 (&#xA7; 46.2-300 et seq.) of Title 46.2 or
the comparable law of another jurisdiction, or credit card or bank account data
of identifiable donors, except that access shall not be denied to the person who
is the subject of the information. Nothing in this subdivision, however, shall
be construed to prevent the disclosure of information relating to the amount,
date, purpose, and terms of the pledge or donation or the identity of the donor,
unless the donor has requested anonymity in connection with or as a condition of
making a pledge or donation. The exclusion provided by this subdivision shall
not apply to protect from disclosure (i) the identities of sponsors providing
grants to or contracting with the foundation for the performance of services or
other work or (ii) the terms and conditions of such grants or contracts.

29. Information prepared for and utilized by the Commonwealth&#8217;s
Attorneys&#8217; Services Council in the training of state prosecutors or
law-enforcement personnel, where such information is not otherwise available to
the public and the disclosure of such information would reveal confidential
strategies, methods, or procedures to be employed in law-enforcement activities
or materials created for the investigation and prosecution of a criminal case.

30. Information provided to the Department of Aviation by other entities of the
Commonwealth in connection with the operation of aircraft where the information
would not be subject to disclosure by the entity providing the information. The
entity providing the information to the Department of Aviation shall identify
the specific information to be protected and the applicable provision of this
chapter that excludes the information from mandatory disclosure.

31. Information created or maintained by or on the behalf of the judicial
performance evaluation program related to an evaluation of any individual
justice or judge made confidential by &#xA7; 17.1-100.

32. Information reflecting the substance of meetings in which (i) individual
sexual assault cases are discussed by any sexual assault response team
established pursuant to &#xA7; 15.2-1627.4, (ii) individual child abuse or
neglect cases or sex offenses involving a child are discussed by
multidisciplinary child sexual abuse response teams established pursuant to
&#xA7; 15.2-1627.5, (iii) individual cases of abuse, neglect, or exploitation of
adults as defined in &#xA7; 63.2-1603 are discussed by multidisciplinary teams
established pursuant to &#xA7;&#xA7; 15.2-1627.5 and 63.2-1605, or (iv)
individual human trafficking cases are discussed by any human trafficking
response team established pursuant to &#xA7; 15.2-1627.6. The findings of any
such team may be disclosed or published in statistical or other aggregated form
that does not disclose the identity of specific individuals.

33. Information contained in the strategic plan, marketing plan, or operational
plan prepared by the Virginia Economic Development Partnership Authority
pursuant to &#xA7; 2.2-2237.1 regarding target companies, specific allocation of
resources and staff for marketing activities, and specific marketing activities
that would reveal to the Commonwealth&#8217;s competitors for economic
development projects the strategies intended to be deployed by the Commonwealth,
thereby adversely affecting the financial interest of the Commonwealth. The
executive summaries of the strategic plan, marketing plan, and operational plan
shall not be redacted or withheld pursuant to this subdivision.

34. Information discussed in a closed session of the Physical Therapy Compact
Commission or the Executive Board or other committees of the Commission for
purposes set forth in subsection E of &#xA7; 54.1-3491.

35. Information held by the Commonwealth of Virginia Innovation Partnership
Authority (the Authority), an advisory committee of the Authority, or any other
entity designated by the Authority, relating to (i) internal deliberations of or
decisions by the Authority on the pursuit of particular investment strategies
prior to the execution of such investment strategies and (ii) trade secrets, as
defined in the Uniform Trade Secrets Act (&#xA7; 59.1-336 et seq.), provided by
a private entity to the Authority, if such disclosure of records pursuant to
clause (i) or (ii) would have an adverse impact on the financial interest of the
Authority or a private entity.

36. Personal information provided to or obtained by the Virginia Lottery in
connection with the voluntary exclusion program administered pursuant to &#xA7;
58.1-4015.1.

37. Personal information provided to or obtained by the Virginia Lottery
concerning the identity of any person reporting prohibited conduct pursuant to
&#xA7; 58.1-4043.

HISTORY: 1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, §
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, § 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. 426,
690, 832; 2005, cc. 165, 508; 2007, cc. 406, 652, 660, 737, 739; 2008, cc. 16,
739; 2009, cc. 223, 827, 845; 2010, c. 300; 2011, cc. 827, 867; 2012, c. 726;
2013, cc. 199, 481, 554, 574; 2014, cc. 225, 808; 2015, cc. 38, 137, 549, 730;
2016, cc. 550, 620, 716, 729; 2017, cc. 587, 642, 778, 804, 824; 2018, cc. 58,
141; 2019, cc. 163, 170, 247, 300, 358, 729, 775; 2020, cc. 70, 587, 1164, 1169,
1218, 1227, 1246, 1256; 2021, Sp. Sess. I, cc. 344, 345; 2024, cc. 217, 366;
2025, cc. 76, 90, 108.