This bill amends the Freedom of Information Act provisions in West Virginia's public records law, specifically focusing on 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 requesters are kept confidential and exempt from public disclosure, with certain exceptions for government officials, public interest cases, or when consent is given by the requester. The bill also requires that any publicly accessible FOIA logs or databases do not include requesters' personal information and that names of original requesters be redacted if previous requests are disclosed.
Additionally, the bill stipulates that the Secretary of State must update all online FOIA databases within 90 days of the law's enactment to comply with the new confidentiality requirements. 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 the protection of individuals' identities in FOIA requests while improving the accessibility and transparency of public records.
Statutes affected: Introduced Version: 29B-1-3