Freedom of Information Act
PPD-0112 (formerly PPD-0022)
The Virginia Freedom of Information Act (FOIA), located § 2.2-3700 et. seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees.
The Code of Virginia (§2.2-3701; updated since 2009) states that "Public records" means all writings and recordings that consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, Photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording or other form of data compilation, however stored, and 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. All public records are presumed to be open and may only be withheld if a specific, statutory exemption applies.
The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.
The Act contains timing and response requirements which must be strictly followed by the Institute. The Virginia Institute of Marine Science (VIMS) must assure compliance with all legal requirements and assure consistency in procedures to address all FOIA requests. A FOIA request can be delivered in the form of a letter, memorandum, email or voice communications. Various actions are required within five business days; however, the law provides limited flexibility to assure completeness of information addressing the request. Therefore, when a FOIA is received the individual receiving the request must immediately inform the Associate Director for Advisory Service who serves as VIMS FOIA Officer or, in the absence of the VIMS FOIA Officer, the W&M FOIA Officer.
The FOIA Officer will act as the liaison to the parties requesting the information and will work with VIMS’ faculty and/or staff in possession of the information to assure timeliness, consistency and accuracy in all FOIA responses.