2.2-3800 - Short title; findings; principles of information practice. - Virginia Statutes

§ 2.2-3800. Short title; findings; principles of information practice.

A. This chapter may be cited as the "Government Data Collection andDissemination 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 technologyhas greatly magnified the harm that can occur from these practices;

3. An individual's opportunities to secure employment, insurance, credit, andhis right to due process, and other legal protections are endangered by themisuse 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 informationsystems containing records on individuals.

C. Recordkeeping agencies of the Commonwealth and political subdivisionsshall adhere to the following principles of information practice to ensuresafeguards 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 clearlyestablished in advance.

3. Information shall be appropriate and relevant to the purpose for which ithas 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 thepurpose for which information has been recorded and particulars about its useand dissemination.

7. There shall be a clearly prescribed and uncomplicated procedure for anindividual to correct, erase or amend inaccurate, obsolete or irrelevantinformation.

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

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

10. The Commonwealth or any agency or political subdivision thereof shall notcollect personal information except as explicitly or implicitly authorized bylaw.

(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.)