§ 63.2-104.1. Confidentiality of records of persons receiving domestic and sexual violence services
A. In order to ensure the safety of adult, youth, and child victims of domestic violence, dating violence, sexual assault, or stalking, and their families, programs and individuals providing services to victims of sexual or domestic violence shall protect the confidentiality and privacy of persons receiving services.
B. Except as provided in subsections C and D, programs and individuals providing services to victims of sexual or domestic violence shall not:
1. Disclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied through sexual 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 an unemancipated minor, the minor and the parent or guardian or in the case of an incapacitated person as defined in § 37.2-1000, the guardian) about whom information is sought, whether for this program or any other Federal, State, tribal, or territorial grant program, except that consent for release may not be given by the abuser of the minor, incapacitated person, or the abuser of the other parent of the minor.
C. If release of information described in subsection B is compelled by statutory or court mandate:
1. The service provider shall make reasonable attempts to provide notice to victims affected by the disclosure of information; and
2. The service provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information.
D. Programs and individuals providing services to victims of sexual or domestic violence may share:
1. Nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements;
2. Court generated information and law-enforcement generated information contained in secure, governmental registries for protection order enforcement purposes; and
3. Information necessary for law enforcement and prosecution purposes.
For purposes of this section, "programs" shall include public and not-for-profit agencies the primary mission of which is to provide services to victims of sexual or domestic violence.
(2006, c. 135.)
Sections: Previous 63.2-100 63.2-101 63.2-102 63.2-103 63.2-104 63.2-104.1 63.2-105 63.2-106 NextLast modified: April 16, 2009