WV Freedom of Information Act (WVFOIA)
The West Virginia Freedom of Information Act (WVFOIA), W. Va. Code §29B-1-1 et. seq., is the primary law governing the public’s right to access public government records in West Virginia. It establishes a statutory right of access to government records, sets forth the procedures for requesting records, and defines the scope of exemptions that allow agencies to withhold certain information.
Declaration of Policy (§29B-1-1)
Section titled “Declaration of Policy (§29B-1-1)”Pursuant to the fundamental philosophy of the American Constitutional form of representative government which holds to the principle that government is the servant of the people, and not the master of them, it is hereby declared to be the public policy of the State of West Virginia that all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.
The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government they have created. To that end, the provisions of this article shall be liberally construed with the view of carrying out the above declaration of public policy.
How to Request Records
Section titled “How to Request Records”Any person may submit a WVFOIA request — no special status or stated reason is required. You identify the custodian agency, describe the records you want, submit the request in writing, and await a response within 5 business days.
Key Exemptions
Section titled “Key Exemptions”The State of West Virginia Code contains more than 100 specific exemptions to various types of records under WVFOIA. However, exemptions are to be interpreted strictly and narrowly in favor of disclosure, and the burden is on the agency to justify withholding any information.
Some frequently cited categories of records include:
- Trade secrets — formulas, processes, and proprietary business information.
- Personal privacy — medical, education, and personnel files whose disclosure would be an unreasonable invasion of privacy.
- Test data — examination questions and scoring keys.
- Law-enforcement investigatory records — records related to crime detection and ongoing investigations.
- Internal deliberative memoranda — pre-decisional advice, opinions, and recommendations.
- Security & emergency response plans — terrorism vulnerability assessments and disaster recovery records.
Appeals & Court Enforcement
Section titled “Appeals & Court Enforcement”A requester may challenge any denial or unreasonable delay by filing a petition in the circuit court where the public body is located. The court reviews the matter de novo and can examine records in camera (privately) to decide whether an exemption applies.
- If you prevail, the court must award reasonable attorney fees and costs.
- Willful violators may be found guilty of a misdemeanor and fined up to $500.
- Suit must generally be filed within the applicable limitations period from the agency’s final denial.
WVFOIA Request Database
Section titled “WVFOIA Request Database”Every agency must log incoming FOIA requests and submit that information to the Secretary of State (§29B-1-3a). This data is aggregated into a searchable database so you can explore who is requesting what, and how agencies respond.
Frequently Asked Questions
Section titled “Frequently Asked Questions”Still have questions? Our FAQ addresses common issues like anonymous requests, commercial use, electronic metadata, and more.