63.2-104.1 - Confidentiality of records of persons receiving domestic and sexual violence services. - Virginia Statutes

§ 63.2-104.1. Confidentiality of records of persons receiving domestic andsexual violence services.

A. In order to ensure the safety of adult, youth, and child victims ofdomestic violence, dating violence, sexual assault, or stalking, and theirfamilies, programs and individuals providing services to victims of sexual ordomestic violence shall protect the confidentiality and privacy of personsreceiving services.

B. Except as provided in subsections C and D, programs and individualsproviding services to victims of sexual or domestic violence shall not:

1. Disclose any personally identifying information or individual informationcollected in connection with services requested, utilized, or denied throughsexual or domestic violence programs; or

2. Reveal individual client information without the informed, written,reasonably time-limited consent of the person (or in the case of anunemancipated minor, the minor and the parent or guardian or in the case ofan incapacitated person as defined in § 37.2-1000, the guardian) about whominformation is sought, whether for this program or any other Federal, State,tribal, or territorial grant program, except that consent for release may notbe given by the abuser of the minor, incapacitated person, or the abuser ofthe other parent of the minor.

C. If release of information described in subsection B is compelled bystatutory or court mandate:

1. The service provider shall make reasonable attempts to provide notice tovictims affected by the disclosure of information; and

2. The service provider shall take steps necessary to protect the privacy andsafety of the persons affected by the release of the information.

D. Programs and individuals providing services to victims of sexual ordomestic violence may share:

1. Nonpersonally identifying data in the aggregate regarding services totheir clients and nonpersonally identifying demographic information in orderto comply with Federal, State, tribal, or territorial reporting, evaluation,or data collection requirements;

2. Court generated information and law-enforcement generated informationcontained in secure, governmental registries for protection order enforcementpurposes; and

3. Information necessary for law enforcement and prosecution purposes.

For purposes of this section, "programs" shall include public andnot-for-profit agencies the primary mission of which is to provide servicesto victims of sexual or domestic violence.

(2006, c. 135.)