Virginia § 53.1-17.5 - Communications; confidentiality

§ 53.1-17.5. Communications; confidentiality

A. Unless otherwise part of the public record, the following records shall be kept confidential from the general public and not subject to the Freedom of Information Act (§ 2.2-3700 et seq.):

1. Complaints received by the Office, as well as statements, documentation, and other evidence received or maintained by the Office or its agents in connection with complaints made to or investigations undertaken pursuant to the Office's powers under §§ 53.1-17.6 and 53.1-17.7, including the identities of recipients of Ombudsman services, complainants, and individuals from whom information is acquired.

2. Photographs or video recordings taken within a Department facility pursuant to subsection A of § 53.1-17.4, if the Office determines that such photographs or video recordings contain information that is not otherwise publicly available and their dissemination to the public would jeopardize the safety or security of inmates or employees of the Department, or they can be used to identify inmates.

3. Personal identifying information about corrections staff received during the course of an investigation.

B. The Office shall establish rules and procedures to ensure the confidentiality of such information gathered and maintained by the Office. The Office shall not reveal to (i) Department employees or contractors or (ii) other inmates the identity of a complainant before, during, or after an investigation to the greatest extent practicable, except as is necessary to effectively carry out an investigation.

C. Notwithstanding anything else in this section, the Office shall disclose information as needed to prevent reasonably certain death or substantial bodily harm.

D. The Office shall keep confidential all matters under investigation, including the identities of recipients of Ombudsman services, complainants, and individuals from whom information is acquired, unless disclosure is necessary for the performance of its duties. If the Office receives personal identifying information about corrections staff during the course of an investigation that is unnecessary or unrelated to the subject of the investigation or related recommendation, the Office shall not further disclose such information. Prior to the disclosure of any such information, the Office shall provide notice to the applicable staff person and the Director.

E. Upon receipt of information that is confidential or privileged, the Office shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law or as authorized by this section.

2024, cc. 392, 393.