This bill amends the Freedom of Information Act provisions in West Virginia's Public Records article, specifically focusing on the handling of public records and the confidentiality of individuals submitting FOIA requests. It mandates that custodians of public records maintain a publicly accessible database while ensuring that the names, contact information, and personally identifiable details of FOIA requesters are kept confidential and exempt from public disclosure, with specific exceptions for government officials, cases of public interest, or when consent is given by the requester. The bill also requires that any publicly accessible FOIA logs or databases do not include requesters' identities and that names of original requesters be redacted when previous requests are disclosed.
Additionally, the bill imposes a requirement for the Secretary of State to update all online FOIA databases within 90 days of the law's enactment to comply with the new confidentiality provisions. It establishes penalties for failing to redact requesters' identities, allowing affected individuals to seek injunctive relief and damages of up to $5,000 for unlawful disclosures of their personal information. Overall, the bill aims to enhance transparency in public records while protecting the privacy of individuals making FOIA requests.
Statutes affected: Introduced Version: 29B-1-3