Virginia 2023 Regular Session

Virginia Senate Bill SB1497

Introduced
1/20/23  
Refer
1/20/23  
Report Pass
2/1/23  
Engrossed
2/6/23  
Refer
2/9/23  
Report Pass
2/9/23  
Enrolled
2/16/23  
Chaptered
3/26/23  

Caption

Va. Freedom of Information Act; exclusions, proprietary records & trade secrets to Fort Monroe Auth.

Impact

The bill's implementation would have notable implications for state laws regarding public disclosures. By narrowing the scope of what constitutes permissible disclosures, SB1497 stands to significantly alter the existing legal framework governing public access to information. The bill emphasizes the need for private entities to invoke confidentiality upon submitting sensitive data, ensuring that agencies have a clear mandate for protecting such information from public scrutiny. This aligns with existing provisions under the Freedom of Information Act, but seeks to enhance clarity and enforceability.

Summary

SB1497, aimed at amending the Virginia Freedom of Information Act, seeks to clarify and specify the exclusions applicable to the disclosure of proprietary and confidential records. The bill proposes to strengthen protections for trade secrets and financial information provided by private entities when engaging with government authorities. This legislation is designed to strike a balance between ensuring transparency in government operations and safeguarding sensitive business information that, if disclosed, could harm competitive standing or financial interests.

Sentiment

Discussions surrounding SB1497 revealed mixed sentiments. Proponents, including many business advocates, argue that strengthening protections for proprietary information is essential for fostering economic activity and encouraging investment. They highlight that robust confidentiality provisions will help ensure that businesses can safely engage with government entities without fear of exposing critical trade secrets. Conversely, opponents express concern that increased exclusions could impair public accountability and hinder transparency, raising alarms about potential misuse of the bill to shield government actions from public view.

Contention

Notable points of contention include the precise definitions of 'trade secrets' and 'proprietary information,' as varying interpretations could either overreach or undercut the intended protections. Critics argue that the bill may inadvertently create an environment where compliance with public records requests is more challenging, potentially undermining the spirit of transparency that the Freedom of Information Act aims to uphold. The balance between protecting sensitive business interests and maintaining public access to information is central to the ongoing debate, underscoring the need for careful consideration of the bill’s provisions.

Companion Bills

VA HB2394

Same As Va. Freedom of Information Act; exclusions, proprietary records & trade secrets to Fort Monroe Auth.

Similar Bills

VA HB2394

Va. Freedom of Information Act; exclusions, proprietary records & trade secrets to Fort Monroe Auth.

VA HB2502

FOIA; exclusion of certain information held by Department of Workforce Development and Advancement.

VA SB1107

FOIA; exclusion of certain information held by Department of Workforce Development and Advancement.

VA SB402

Charitable Gaming Board; powers and duties.

VA HB765

Charitable Gaming Board; powers and duties.