CODE OF VIRGINIA

SHORT TITLE; FINDINGS; PRINCIPLES OF INFORMATION PRACTICE (§ 2.2-3800)

A. This chapter may be cited as the “Government Data Collection and
Dissemination Practices Act.”

B. The General Assembly finds that:

   1.  An individual’s privacy is directly affected by the extensive
   collection, maintenance, use and dissemination of personal information;

   2.  The increasing use of computers and sophisticated information technology
   has greatly magnified the harm that can occur from these practices;

   3.  An individual’s opportunities to secure employment, insurance,
   credit, and his right to due process, and other legal protections are
   endangered by the misuse of certain of these personal information systems; and

   4.  In order to preserve the rights guaranteed a citizen in a free society,
   legislation is necessary to establish procedures to govern information systems
   containing records on individuals.

C. Recordkeeping agencies of the Commonwealth and political subdivisions shall
adhere to the following principles of information practice to ensure safeguards
for personal privacy:

   1.  There shall be no personal information system whose existence is secret.

   2.  Information shall not be collected unless the need for it has been clearly
   established in advance.

   3.  Information shall be appropriate and relevant to the purpose for which it
   has been collected.

   4.  Information shall not be obtained by fraudulent or unfair means.

   5.  Information shall not be used unless it is accurate and current.

   6.  There shall be a prescribed procedure for an individual to learn the
   purpose for which information has been recorded and particulars about its use
   and dissemination.

   7.  There shall be a clearly prescribed and uncomplicated procedure for an
   individual to correct, erase or amend inaccurate, obsolete or irrelevant
   information.

   8.  Any agency holding personal information shall assure its reliability and
   take precautions to prevent its misuse.

   9.  There shall be a clearly prescribed procedure to prevent personal
   information collected for one purpose from being used for another purpose.

   10.  The Commonwealth or any agency or political subdivision thereof shall not
   collect personal information except as explicitly or implicitly authorized by
   law.

HISTORY: 1976, c. 597, §§ 2.1-377, 2.1-378; 1987, c. 506; 2001, c. 844; 2003,
cc. 791, 914, 918, 927; 2009, cc. 849, 867.