Keil v. O’Sullivan

Holding

In an action by a sheriff’s deputy seeking production of records under the Virginia Freedom of Information Act and the Government Data Collection and Dissemination Practices Act, some of the requested records were produced; some were not. The circuit court and Court of Appeals rejected the deputy’s requests for production of the contested records. On this appeal, it is confirmed that the deputy has no remedy under the VFOIA, agreeing with Part II of the opinion of the Court of Appeals. On the claim for production of records under the Government Data Act, however, the judgment of the Court of Appeals upholding the circuit court’s dismissal of the deputy’s claims is reversed. This case is remanded to the Court of Appeals for further remand to the circuit court to review in camera the records withheld by the Chesapeake Sheriff’s Office to determine if anything in those records contains “personal information” subject to the deputy’s “rights of data subjects” under Code § 2.2-3806. Matters within those records that do not directly or indirectly contain “personal information,” Code § 2.2-3801, about the deputy should be redacted by the circuit court prior to review or access by the deputy. With respect to any ancillary matters necessary to bring this case to closure, the circuit court retains authority to adjudicate them.