                                 CODE OF VIRGINIA

COMMUNICATIONS; CONFIDENTIALITY (§ 53.1-17.5)

A. Unless otherwise part of the public record, the following records shall be
kept confidential from the general public and not subject to the Freedom of
Information Act (§ 2.2-3700 et seq.):

   1. Complaints received by the Office, as well as statements, documentation,
   and other evidence received or maintained by the Office or its agents in
   connection with complaints made to or investigations undertaken pursuant to
   the Office&#8217;s powers under &#xA7;&#xA7; 53.1-17.6 and 53.1-17.7,
   including the identities of recipients of Ombudsman services, complainants,
   and individuals from whom information is acquired.

   2. Photographs or video recordings taken within a Department facility pursuant
   to subsection A of &#xA7; 53.1-17.4, if the Office determines that such
   photographs or video recordings contain information that is not otherwise
   publicly available and their dissemination to the public would jeopardize the
   safety or security of inmates or employees of the Department, or they can be
   used to identify inmates.

   3. Personal identifying information about corrections staff received during
   the course of an investigation.

B. The Office shall establish rules and procedures to ensure the confidentiality
of such information gathered and maintained by the Office. The Office shall not
reveal to (i) Department employees or contractors or (ii) other inmates the
identity of a complainant before, during, or after an investigation to the
greatest extent practicable, except as is necessary to effectively carry out an
investigation.

C. Notwithstanding anything else in this section, the Office shall disclose
information as needed to prevent reasonably certain death or substantial bodily
harm.

D. The Office shall keep confidential all matters under investigation, including
the identities of recipients of Ombudsman services, complainants, and
individuals from whom information is acquired, unless disclosure is necessary
for the performance of its duties. If the Office receives personal identifying
information about corrections staff during the course of an investigation that
is unnecessary or unrelated to the subject of the investigation or related
recommendation, the Office shall not further disclose such information. Prior to
the disclosure of any such information, the Office shall provide notice to the
applicable staff person and the Director.

E. Upon receipt of information that is confidential or privileged, the Office
shall maintain the confidentiality of such information and shall not further
disclose or disseminate the information except as provided by applicable state
or federal law or as authorized by this section.

HISTORY: 2024, cc. 392, 393.