ADMINISTRATION OF GOVERNMENT GENERALLY: VIRGINIA FREEDOM OF INFORMATION ACT.

Medical records excluded from provisions of Act.

November 24, 1988

The Honorable Gary W. Waters
Sheriff for the City of Portsmouth

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You ask whether the local health department may withhold from you "confidential health information" concerning an inmate who is lawfully committed to your jail. You state that the department relies on §2.1-342(b) of the Code of Virginia for its authority to withhold this information.

I. Freedom of Information Act Excludes Medical Records from Records Otherwise Open to Inspection

The disclosure of public records is governed by the Virginia Freedom of Information Act, §§2.1-340 through 2.1-346.1. Section 2.1-342(a) provides that, "[e]xcept as otherwise specifically provided by law, all official records shall be open to inspection." Section 2.1-342(b)(3), however, excludes medical records from the provisions of the Act.

II. Medical Records May Be Withheld

Based on the above, it is my opinion that, absent authorization by the inmate whose medical records are sought, the department may legally withhold this information pursuant to §2.1-342(b)(3).