In a recent decision, the Supreme Court of Virginia held that “personnel information” for purposes of Va. Code § 2.2-3705.1(1) (a section of the Virginia Freedom of Information Act (“VFOIA”)) means “data, facts, or statements within a public record relating to a specific government employee, which are in the possession of the entity solely because of the individual’s employment relationship with the entity, and are private, but for the individual’s employment with the entity.”

The court stated that absent statutory guidance on what is private, “we will not legislate from the bench regarding which specific pieces of information are private” and instead will “look to an objective test, and hold that data, facts, and statements are private if their disclosure would constitute an ‘unwarranted invasion of personal privacy’ to a reasonable person under the circumstances.” The court added that “the precise contours of what content qualifies as private are neither rigid nor precise and require determination in the context of each case” [some internal citations and quotations omitted].

Last Updated on December 17, 2022 by Ramin Seddiq