In its 2009 session, the Virginia General Assembly gave consideration to a number of pieces of legislation that extended privacy protections for the Commonwealth's consumers. The majority of that legislation passed. Of particular note are the following examples:
1. Credit reports; consumer reporting agency's duty to place a security freeze thereon within one business day after receiving such a request. Amending § 59.1-444.2. (Patron-Nixon, HB 1884 (P)). See my February 9 post.
2. Freedom of Information Act; disclosure of names of individual teachers is not required thereunder in response to a request for official salary of employees of local school board. Amending § 2.2-3705.8. (Patron-Hugo, HB 2471 (F))
3. Freedom of Information Act; exempts certain records of Department of Veterans Services Care Centers and Veterans Services Foundation. Amending §§ 2.2-3705.7 and 2.2-3711. (Patron-Jones, HB 2639 (P))
4. Law-Enforcement Officers' Privacy Protection Act; law-enforcement officer may request personal information withheld from disclosure on public records. Adding §§ 9.1-1400, 9.1-1401, and 9.1-1402. (Patron-Crockett-Stark, HB 2630 (F). This is an example of the General Assembly refusing to create a loophole through which private information may be obtained in the course of a law enforcement investigation.
5. Protection of Social Security Numbers Act;
first five digits shall be confidential and exempt from disclosure
by State agencies under Freedom of Information Act. Adding §§ 2.2-3815
and 2.2-3816. (Patron-May, HB 2427 (P)).
House Bill 2427 provides that the first five digits of a social
security number contained in a public record shall be confidential and
exempt from disclosure under the Freedom of Information Act. The
Act allows release of a social security number under certain limited
circumstances, including proper judicial order; to federal, state or
local law-enforcement or correctional personnel; by one agency to
another agency in Virginia or to an agency in another state, district,
or territory; and to any data subject exercising his rights under the
Government Data Collection and Dissemination Practices Act. The bill
provides for enforcement by injunction or mandamus and attorneys fees
for a prevailing party.
REAL ID Act;
Virginia will not comply with any provision of teh 2005 Act that would
compromise economic privacy, etc., of resident of State. (Patron-Marshall, R.G., HB 1587 (P)). The REAL ID Act of 2005
is federal law that imposes certain security, authentication and
issuance procedures standards for the state driver's licenses and state
ID cards, in order for them to be accepted by the U.S. government for
"official purposes", as defined by the Secretary of Homeland Security.
Currently, the Secretary of Homeland Security has defined "official
purposes" as presenting state driver's licenses and identification
cards for boarding commercially operated airline flights, entering
federal buildings and nuclear power plants. With several other states
having approved resolutions not to participate in the program and
Obama's selection of Janet Napolitano a prominent critic of the
program, to head Homeland Security, the future of the law is uncertain.
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