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2002 Virginia Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagva0025 and id is 1 raw text is: 00-044

ADMINISTRATION OF GOVERNMENT: GOVERNMENT DATA COLLECTION AND
DISSEMINATION PRACTICES ACT.
Act prohibits collection by agency of personal information that is secret; permits installation
of surveillance cameras and audio monitoring equipment in and on premises of recreation
center, provided notices advising of such surveillance are clearly visible.
Mr. William J. McGhee
Town Attorney for the Town of Christiansburg
January 7, 2002
You ask whether the Privacy Protection Act of 1976 will permit the Town of Christiansburg to install
surveillance cameras and audio monitoring equipment, visible and concealed, throughout the
building and grounds of a recreation center located in the town.
You relate that the Town of Christiansburg operates a newly constructed recreation center. You
report, however, that disturbances have emanated from the public and employees at the center, and
that thefts have occurred, as well as accidents, which are attributable to employee negligence. The
town contemplates the installation of surveillance cameras and audio monitoring equipment, visible
and concealed, throughout the building and possibly on the grounds surrounding the building. You
advise that the town proposes to erect conspicuous signs on the premises and at the entrances of
the building to notify all persons that such surveillance equipment has been installed and is
operational. You conclude that the town may install such cameras and equipment, provided the
notices you describe are conspicuously installed.'
The 1976 Session of the General Assembly enacted the Privacy Protection Act of 19762 pursuant to
a recommendation of the Virginia Advisory Legislative Council (Council).3 The Council's proposals
were the result of a two-year study that included consideration of federal privacy legislation enacted
by the Congress of the United States.4
The 2001 Session of the General Assembly replaced the Privacy Protection Act with the
Government Data Collection and Dissemination Practices Act in Chapter 38 of Title 2.2, §§ 2.2-3800
through 2.2-3809.5 Chapter 38 imposes certain requirements on agencies that maintain personal
information and on agencies that maintain an information system that includes personal
information.6 Section 2.2-3803(A) provides, in part:
Any agencym7] maintaining an information system that includes personal information
shall:
5. Make no dissemination to another system without (i) specifying requirements for
security and usage including limitations on access thereto, and (ii) receiving
reasonable assurances that those requirements and limitations will be observed.
Section 2.2-3806(A) provides:
Any agency maintaining personal information shall:
2. Give notice to a data subject of the possible dissemination of part or all of [personal]
information to another agency, nongovernmental organization or system not having

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