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2010 SESSION

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HB 518 Freedom of Information Act; public body shall remain responsible for retrieving public records, etc.

Introduced by: Thomas Davis Rust | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Freedom of Information Act; applicability; disclosure of criminal records; noncriminal incident information. Provides that in the event a public body transferred possession of public records for storage, maintenance or archiving, the public body initiating the transfer shall remain the custodian of the records for the purpose of responding to FOIA requests. The bill also adds a definition of "criminal investigative file" and clarifies what records are exempt from FOIA as so defined. The bill provides that undercover operations and protective detail records as well as records of background and internal affairs investigations held by any state or local law-enforcement agencies are exempt from the mandatory disclosure provisions of FOIA.

SUMMARY AS INTRODUCED:

Freedom of Information Act; applicability; disclosure of criminal records; noncriminal incident information. Clarifies that the Virginia Information Technologies Agency (VITA) is not the custodian of records stored or maintained by VITA on behalf of other state public bodies. Such records, however, shall be provided by VITA upon the request of any state public body for which VITA stores or maintains such agency's records in with FOIA. However, other records of VITA shall be public records and subject to FOIA. The bill also expands the exemption for criminal investigative files and clarifies that noncriminal incident materials held by any state or local law-enforcement agencies are exempt from the mandatory disclosure provisions of FOIA.