52-48 - Confidentiality and immunity from service of process; penalties.
§ 52-48. Confidentiality and immunity from service of process; penalties.
A. Papers, records, documents, reports, materials, databases, or otherevidence or information relative to criminal intelligence or any terrorisminvestigation in the possession of the Virginia Fusion Intelligence Centershall be confidential and shall not be subject to the Virginia Freedom ofInformation Act (§ 2.2-3700 et seq.) or the Government Data Collection andDissemination Practices Act (§ 2.2-3800 et seq.). The Department shallconduct an annual review of information contained in any database maintainedby the Virginia Fusion Intelligence Center. Data that has been determined tonot have a nexus to terrorist activity shall be removed from such database. Areasonable suspicion standard shall be applied when determining whether ornot information has a nexus to terrorist activity.
B. No person, having access to information maintained by the Virginia FusionIntelligence Center, shall be subject to subpoena in a civil action in anycourt of the Commonwealth to testify concerning a matter of which he hasknowledge pursuant to his access to criminal intelligence informationmaintained by the Virginia Fusion Intelligence Center.
C. No person or agency receiving information from the Virginia FusionIntelligence Center shall release or disseminate that information withoutprior authorization from the Virginia Fusion Intelligence Center.
D. Any person who knowingly disseminates information in violation of thissection is guilty of a Class 1 misdemeanor. If such unauthorizeddissemination results in death or serious bodily injury to another person,such person is guilty of a Class 4 felony.
E. For purposes of this chapter:
"Criminal intelligence information" means data that has been evaluated anddetermined to be relevant to the identification and criminal activity ofindividuals or organizations that are reasonably suspected of involvement incriminal activity. "Criminal intelligence information" shall not includecriminal investigative files.
(2008, c. 792.)