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September 4, 2001
The Honorable Allen L. Louderback
Luray, Virginia
The staff of the Freedom of
Information Advisory Council is authorized to issue advisory
opinions. The ensuing staff advisory opinion is based solely upon
the information presented in a phone conversation with a member of
your staff on July 3, 2001.
Dear Delegate Louderback:
You have asked a question concerning public records and the
Virginia Freedom of Information Act (FOIA). Specifically, you ask
whether it is illegal for a public official to reveal the names of
individuals who have made previously FOIA requests to that public
official. You ask whether such disclosure is prohibited by either
state or federal law.
FOIA defines public records at § 2.1-341 of the Code of
Virginia as all writings and recordings ... regardless of
physical form or characteristics, prepared or owned by, or in the
possession of a public body or its officers, employees or agents in
the transaction of public business.1 Subsection A of § 2.1-342 requires
that [e]xcept as otherwise specifically provided by law, all
public records shall be open to inspection and copying by any
citizens of the Commonwealth.2
Therefore, unless a specific statutory exemption can be found in
the Code, all public records must be disclosed upon request
pursuant to FOIA. Upon review of the Code, no exemption exists for
records of previous FOIA requests. To the extent that a public body
has any records containing the names of individuals who have made
FOIA requests, they would be available to the public.
You also ask about the application of federal law to this
question. The Virginia Freedom of Information Advisory Council only
has the authority to issue opinions relating to the interpretation
of the state FOIA, and thus cannot offer an interpretation as to
the application of federal law. However, having contacted the
Office of Information and Privacy at the United States Department
of Justice, which administers the application of the federal
Freedom of Information Act, it appears there is nothing in federal
law prohibiting or exempting the disclosure of the names of
individuals who have previously made FOIA requests to a public
agency. If you have further questions about the application of
federal law to this question, I would suggest that you contact the
Office of Information and Privacy. The office can be reached by
phone at (202) 514-3642.
Thank you for contacting this office. I hope that I have been of
assistance.
Sincerely,
Maria J.K. Everett
Executive Director
1. Va. Code Ann. § 2.2-3701 (Michie 2001)
(effective Oct. 1, 2001).
2. Va. Code Ann. § 2.2-3704(A) (Michie 2001)
(effective Oct. 1, 2001).
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