Keil v. O'Sullivan

Summary

The Supreme Court of Virginia holds that Matthew Keil has no remedy under the Virginia Freedom of Information Act for the withheld internal-affairs records. It reverses the lower courts’ ruling under the Government Data Collection and Dissemination Practices Act, concluding that Keil is a data subject because the records may be located by reference to his name, personal number, or other identifiable particulars. The case is remanded for in camera review and disclosure of personal information concerning Keil, subject to redaction of unrelated material.

Holdings

1. Keil had no remedy under the VFOIA because the requested internal-affairs records were exempt from disclosure under Code § 2.2-3706(B)(9).
2. An individual is a data subject when personal information is indexed or may reasonably be located under the individual's name, personal number, or other identifiable particulars; formal indexing on a file folder or use of a specialized search system is not required.
3. The Chesapeake Sheriff's Office violated the Government Data Act by refusing to provide Keil access to internal-affairs records related to his challenged actions or inactions as a supervising deputy sheriff.
4. The case must be remanded for in camera review of the withheld records to determine whether they contain personal information subject to Keil's rights as a data subject, with nonresponsive material redacted before review or access.

Questions Presented

1. Whether Keil had a remedy under the VFOIA for the withheld internal-affairs records.
2. Whether Keil was a data subject under the Government Data Collection and Dissemination Practices Act when the requested records were not formally indexed by his name but could reasonably be located by searching restricted internal-affairs files for his name, personal number, or other identifiable particulars.
3. Whether the withheld records must be reviewed in camera to determine which portions contain personal information subject to Keil's rights as a data subject.

Disposition

reversed_and_remanded