The Virginia FOIA Opinion Archive


Attorney General's Opinion 1998 #005

A record's copyright status does not prevent it from being released under FOIA; lyric sheets and audio tapes are official records.

Tull v. Brown

Tapes used to record 911 calls are public records, but they are exempt as noncriminal incident information.

Richmond Newspapers v. Casteen

Materials that would nonetheless be official records standing alone may become exempt correspondence if they are transmitted to a qualified office as a letter.

Capital Tours v. DMV

FOIA does not require the production of trade secrets or proprietary information.

Attorney General's Opinion 1996 #102

Bail and Recognizances: prior AG opinions described as public records commitment papers, continuance cards and other info relevant to making bail, extend to giving it to magistrates who ask for it.

Coward v. City of Richmond

A valid subpoena duces tecum is not a matter covered by FOIA.

Wall v. Fairfax County School Board

High school student election results are not official records subject to disclosure under FOIA.

Redinger v. Casteen

Letters exchanged between an institution of higher learning and a law firm representing a university student are not exempt as work product compiled for use specifically for litigation.

Wheeler v. Gabbay

FOIA and the discovery rules of the Supreme Court are mutually exclusive. Under FOIA, citizens are entitled to criminal incident reports that describe the criminal act.

Attorney General's Opinion 1993 #221

No requirement for commissioner of revenue to reveal to public methodology used in determining fair market value for each particular property.

Attorney General's Opinion 1993 #217

The names of current and past delinquent payers of business license taxes may be disclosed under FOIA, but not the amount of the delinquency.

Attorney General's Opinion 1993 #001

Report prepared by the Auditor of Public Accounts (re: adequacy of accounting systems used by commissioners of revenue, directors of finance and other assessing officers) may be disclosed under FOIA.

Attorney General's Opinion 1992 #157

The names of delinquent taxpayers may be released under FOIA, but the amount of delinquency may not.

National Rural Utilities v. Greenlief

The tax-exempt status of certain individuals is information that is exempt from disclosure under FOIA by virtue of the Tax Code's general prohibition against release of taxpayer information.

James v. Division of Consolidated Services

Va FOIA excludes evidence related to a criminal investigation unless needed for criminal defense.

Attorney General's Opinion 1991 #081

FOIA doesn't block an otherwise valid subpoena duces tecum that asks for information that could be exempt under FOIA.

Attorney General's Opinion 1991 #009

Names, qualifications, evaluations, tests used to evaluate, and how indidivual candidates fared under selection criteria all exempt. General selection criteria not exempt. Certificates issued by Department of Mines, Minerals and Energy regarding persons certified to work in mines must be disclosed.

Taylor v. Worrell Enterprises

The governor's itemized telephone bills are official records exempt from disclosure as memoranda, working papers or correspondence.

Attorney General's Opinion 1991 #013

Files associated with an active investigation may be withheld, but do not have to be after the investigation is complete.

Attorney General's Opinion 1991 #007

Citizen does not have a right to make a continuing request for records that do not yet exist.

Attorney General's Opinion 1990 #009

Booking photos and mug shots are official records that must be disclosed.

Lemond v. McElroy

Documents generated in connection with the payment process of a settlement agreement, after the mutual agreement to settle, are open to public inspection.

Attorney General's Opinion 1989 #017

University library not required to disclose; titles of books checked out, references questions asked, bibliographies prepared by staff by request, nor must the titles of books ordered by faculty.

Attorney General's Opinion 1989 #013

Public body not required to compile a record, but must notify the requester within the required time.

Attorney General's Opinion 1989 #012

FOI provision for reasonable fees can't include charges for a public employee to be present during review of records