Virginia Code 8.01-622.2: Injunction against disclosure of criminal investigative file materials under the Virginia Freedom of Information Act
Except with respect to the disclosure of records under clause (iv) of subsection D or clause (v) (a) of subsection D of § 2.2-3706.1, an injunction may be awarded to prevent the disclosure of records related to criminal investigative files requested under § 2.2-3706.1 of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
Terms Used In Virginia Code 8.01-622.2
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;
6. See Virginia Code 8.01-2
In making its determination, a court shall consider the following and shall enter its findings on the record:
1. Whether disclosure of the public records would constitute an unreasonable invasion of personal privacy;
2. Whether disclosure of the public records would endanger the life or physical safety of any individual;
3. Whether disclosure of the public records would subject (i) the victim; (ii) the victim’s immediate family members as set forth in § 2.2-3706.1, if the victim is deceased and the immediate family member is not a person of interest or a suspect in the criminal investigation or proceeding; or (iii) the parent or guardian of the victim, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding, to severe mental or emotional distress; and
4. Any other factor or information deemed by the court to be relevant.
2022, c. 386.