Opinions by topic: (RECORDS) Proprietary Information

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• FOI Advisory Opinion AO-01-13 (1/7/2013): Generally, records submitted by a private company to a state agency as required by regulation are public records subject to FOIA. Marking such records proprietary and confidential does not, by itself, make them exempt from mandatory disclosure; records are only exempt if there is a specific provision of law that allows them to be withheld.
• FOI Advisory Council Opinion AO-03-08 (3/19/2008): FOI Advisory Council discusses exemptions on vendor proprietary records, security system manuals, and school safety audits. Also discussed: duty of government to seek clarification if records request is confusing; failure to identify the volume of records requested that are subject to an exemption; and improperly denying records based on the sheer volume of the request.
• Attorney General's Opinion 2007 #068 (9/4/2007): Virginia Retirement System can withhold information private equity firms provide the system on its structure, portfolio or strategy.
• Attorney General's Opinion 1998 #005 (9/23/1998): A record's copyright status does not prevent it from being released under FOIA; lyric sheets and audio tapes are official records.
• Attorney General's Opinion 1983-84 #439 (1/9/1984): Virginia Division of Tourism cannot withhold business data submitted by Virginia travel attractions. A private company that is supported wholly or principally by public funds is subject to FOIA.