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Virginia Freedom of Information Act Access to Public Records - Quick
Reference |
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FOIA
= Democracy In Action |
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POLICY
= Openness over secrecy |
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What is a public
record? Any type of record—electronic files, email, papers, letters, video or
audio recordings, etc. If you are a public employee or public official and
you have a record in the transaction of your public business, then it is a
public record. Exception: It is not a public record if it is not in the
transaction of public business. Examples:
Unsolicited advertisements received by mail or email, notes from your spouse,
invitations from a friend or family member to a party or other social event,
personal utility bills, and other records not in the transaction of public
business are not public records. |
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Who has access
rights under Virginia FOIA? Citizens of Virginia & media representatives that broadcast or have
circulation in Virginia. However, anyone can get a Virginia citizen to make a
request on his or her behalf, so we recommend responding to all requesters. |
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How long do I
have to respond to a request? Five (5) working days (do not count weekends or
legal holidays). |
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What responses
are allowed under FOIA?
Multiple choice of
one of the following five responses: ·
YES: Provide the records to the
requester. ·
NO: Withhold the entire record (may
only do so if the entire record is exempt). Must identify the subject matter
and volume of records being withheld and cite the applicable exemption(s) in
writing. ·
YES
and NO: Withhold
portions of the record that are exempt but provide the rest. Must identify
the subject matter of the records being withheld and cite the applicable
exemption)(s) in writing. ·
DO
NOT HAVE IT:
Tell the requester in writing that the record cannot be found or does not
exist. If you know that another public body has the record, provide contact
information. ·
NEED
MORE TIME: Tell
the requester in writing you are invoking your right to seven (7) additional
working days to respond. If the request is for criminal investigative files
pursuant to § 2.23706.1, you may invoke your right to 60 working days to
respond. If that is not enough time, work out a deal with the requester. If
you cannot reach a deal, you may petition a court for more time. |
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Do you have to
provide the records for free? NO: You may
charge, but charges must be reasonable and may not exceed actual
costs for searching for, accessing, duplicating, and supplying the requested
records (which includes exclusion review). You must notify the requester in writing of your right to charge
and their right to a cost estimate before searching for the records. You may not
charge for maintenance costs or other general expenses. What is a
"reasonable" charge? Only a court can rule on what is reasonable, but
if you think the charges will land you in front of a judge, it probably is
not reasonable. Estimates: You
must provide an estimate in advance if the requester asks for
one. Advance
deposits: You may collect an advance deposit if the
estimated charges will exceed $200. Tolling: The time to respond is tolled when you provide an estimate or ask for
an advance deposit until the requester responds to the estimate or pays the
deposit, respectively. |
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Specific Questions? Call or email the
FOIA Council: 804-698-1810 1-866-448-4100 The Virginia Freedom of Information
Advisory Council was created to issue opinions on the operation and
application of the Freedom of Information Act (FOIA), to publish educational
materials, and to provide training about FOIA. We are not a repository of any
records, other than those created by this office. |