                                 CODE OF VIRGINIA

CONFIDENTIALITY AND IMMUNITY FROM SERVICE OF PROCESS; PENALTIES (§ 52-48)

A. Papers, records, documents, reports, materials, databases, or other evidence
or information relative to criminal intelligence or any terrorism investigation
in the possession of the Virginia Fusion Intelligence Center shall be
confidential and shall not be subject to the Virginia Freedom of Information Act
(&#xA7; 2.2-3700 et seq.) or the Government Data Collection and Dissemination
Practices Act (&#xA7; 2.2-3800 et seq.). Every three years, the Department shall
conduct a review of information contained in any database maintained by the
Virginia Fusion Intelligence Center. Data that has been determined to not have a
nexus to terrorist activity shall be removed from such database. A reasonable
suspicion standard shall be applied when determining whether or not information
has a nexus to terrorist activity.

B. No person, having access to information maintained by the Virginia Fusion
Intelligence Center, shall be subject to subpoena in a civil action in any court
of the Commonwealth to testify concerning a matter of which he has knowledge
pursuant to his access to criminal intelligence information maintained by the
Virginia Fusion Intelligence Center.

C. No person or agency receiving information from the Virginia Fusion
Intelligence Center shall release or disseminate that information without prior
authorization from the Virginia Fusion Intelligence Center.

D. Any person who knowingly disseminates information in violation of this
section is guilty of a Class 1 misdemeanor. If such unauthorized dissemination
results in death or serious bodily injury to another person, such person is
guilty of a Class 4 felony.

E. For purposes of this chapter:
			&#8220;Criminal intelligence information&#8221; means data that has been
evaluated and determined to be relevant to the identification and criminal
activity of individuals or organizations that are reasonably suspected of
involvement in criminal activity. &#8220;Criminal intelligence
information&#8221; shall not include criminal investigative files.

HISTORY: 2008, c. 792; 2011, cc. 467, 556.