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                      |  | VIRGINIA 
                          FREEDOM OF INFORMATION 
                          ADVISORY COUNCILCOMMONWEALTH OF VIRGINIA
 |  June 
                    9, 2004, RichmondThe 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.  |