Exemptions Under FOIA

The Code of Virginia allows any public body to withhold certain records from public disclosure. Loudoun County commonly withholds records subject to the following exemptions:

  • Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)
  • Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3))
  • Vendor proprietary information (§ 2.2-3705.1 (6))
  • Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))
  • Documents related to the negotiation or award of a specific contract
  • Documents compiled for use in closed session
  • Documents required to be kept confidential by law

Policy Regarding the Use of Exemptions

The general policy of the Loudoun County is to invoke the personnel records exemption in those instances where it applies in order to protect the privacy of employees and officials of the county.

The general policy of the Loudoun County is to invoke the contract negotiations exemption whenever it applies in order to protect the county's bargaining position and negotiating strategy.