Sunrise over V.A. Capitol.
VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL
COMMONWEALTH OF VIRGINIA

June 9, 2004, Richmond

The Geographic Information System (GIS) Subcommittee, comprised of Council members Wiley, Moncure, and Anderson, met on June 9, 2004. The initial meeting was well attended by representatives of the media, public and state and local government officials, including many such officials with GIS responsibilities. The subcommittee advised that it had reviewed the provisions of SB 182 (Blevins) that was referred to the Council for further examination. SB 182 would have excluded from the mandatory disclosure requirements of FOIA maps contained in a geographic information system that are developed from a combination of high resolution technologies, including digital orthophotography, digital terrain models or related ancillary proprietary data produced by any local governing body or by the Virginia Geographic Information Network (VGIN) division of the Virginia Information Technologies Agency. The subcommittee agreed that SB 182 as drafted should not be recommended. However, the subcommittee felt that the issues raised by the bill were worthy of further discussion and that, relying on the specific GIS knowledge of the interested parties, perhaps a resolution of the issues relating to the accessibility of GIS records could be achieved.

The issues identified included (i) whether portions of GIS records are adequately exempted under A57 of Sec. 2.2-3705; (ii) what additional exemption language may be needed to enable state and local public bodies to receive the data necessary to the preparation of GIS maps from utilities and other third parties; and (iii) whether GIS records can/should be copyrighted and the extent that copyrighting protects against further commercial use of GIS data obtained from public bodies. At the next meeting of the GIS subcommittee to be held on July 13, 2004 at 11 a.m., staff will provide some additional information concerning other states' approaches on this issue and the impact of copyright law on the accessibility of public records.

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