The Virginia Freedom of Information Act (VFOIA) (Chapter 37 of Title 2.2 of Code of Virginia) provides citizens of the Commonwealth of Virginia access to public records held by public bodies as defined in the Act. VFOIA also provides access to public records to representatives of the print media with circulation in the Commonwealth and representatives of radio and television stations broadcasting in or into the Commonwealth.
For more info on the Virginia Freedom of Information Act, follow this link: VFOIA
The Department of Public Safety Communications is the Custodian of public safety communications records. DPSC is NOT the Custodian of Fairfax County Police Accident or Incident Reports, or other reports documentation maintained by the Fairfax County Police Department. If you wish to obtain these records, please submit a request to the Fairfax County Police Central Records or call 703-246-2272.
Fairfax County Police FOIA requests may be submitted here: https://www.fairfaxcounty.gov/police/servicesah/centralrecords
Fairfax County Fire and EMS FOIA requests may be submitted here: https://www.fairfaxcounty.gov/fire-ems/record-requests-vfoia
How do I submit a VFOIA request to DPSC?
VFOIA requests for Department of Public Safety Communications (DPSC) records may be made by:
1) Submit your request using the electronic form at the following Link: Online Request Form
2) Printing and completing page #2 of the below form:
FOIA Request Submission Form (PDF) - to be completed by hand or by type
fax to:
Fax: 703-653-1315
3) Email: dpscrecordsrequest@fairfaxcounty.gov
If requesting by email, please include the following:
Requestor Info -
- Name
- Phone Number
- Organization (if applicable)
- Address
- Request must include legal address pursuant Virginia Code Ann. § 2.2-3704(A)
- If you would like items mailed to you at an address other than the legal address, please indicate a separate mailing address as well
Request Info -
- DPSC Event Number (if known)
- FCPD Case Number (if known)
- Incident Date
- Approximate Time
- Incident Address
- Phone Number(s) Used to Make Call
- Person(s) Involved
- Brief Description of Incident and Type(s) of Record(s) Being Requested
4) By phone/fax:
Fax: 703-653-1315
Phone: 571-350-1703 (Preferably for questions only. It is preferred that official requests are made in writing, in one of the above formats.)
Walk-Ins are strongly discouraged as request processing can take from several hours to several days to complete, depending upon circumstances.
What is required to make a VFOIA request?
Pursuant to Va. Code Ann. § 2.2-3704(A), the DPSC requires that you provide your name and legal address.
Va. Code Ann. § 2.2-3704(B) requires that the requestor identify the requested records with reasonable specificity. In general, the DPSC is not required to create a new record in response to any VFOIA request. Va Code Ann. § 2.2-3704(D). (Ex. Call audio, dispatch documentation, radio traffic, AVL)
Is there a cost associated with a VFOIA request?
The DPSC is allowed to make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. DPSC may not impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by the County cannot exceed the actual cost of duplication.
• FOIA allows DPSC to charge for the actual costs of responding to FOIA requests. This may include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs. Va. Code Ann. § 2.2-3704(F)
• If we estimate that it will cost more than $200 to respond to your request, we may require you to pay prior to proceeding with your request. The five working days that we must respond to your request does not include the time between when we ask for a deposit, when you respond, and when we receive the deposit. Va. Code Ann. § 2.2-3704(H)
• You may ask that we give a cost estimate in advance of the charges for supplying the records that you have requested. This will allow you to know about any costs upfront or give you the opportunity to modify your request to lower the estimated costs.
• If you owe Fairfax County money from a previous FOIA request that has remained unpaid for more than 30 days, Fairfax County may require payment of the past-due bill before it will respond to your new FOIA request. Va. Code Ann. § 2.2-3704(I)
• The actual fee for a VFOIA request will be determined by the amount of time it takes to gather the records and complete the processing of the request in its entirety.
Note:
- This department does not transcribe calls, therefore, transcripts of phone calls cannot be provided. Only audio recordings of phone calls can be provided.
- Records containing personal or identifying information will have such information redacted prior to release pursuant VA. Code Ann. § 2.2-3706(D).
- In accordance with the retention schedule established by The Library of Virginia (GS-17), this communications center currently maintains audio recordings for a period of 180 days. Any recordings exceeding 180 days old are automatically purged from the recording system. Currently the earliest available date is:
What public records are exempt from disclosure under VFOIA?
The following records are exempt from the mandatory disclosure requirements of VFOIA:
Personnel records (Va. Code Ann. § 2.2-3705.1(1))
Legal memoranda and written advice from counsel (Va. Code Ann. §§ 2.2-3705.1(2) and (3))
Tests or examinations (Va. Code Ann. § 2.2-3705.1(3))
Subscriber data as defined in Va. Code Ann. §§ 2.2-3705.2(10) and (11)
Records that are part of a criminal investigative file (Va. Code Ann. § 2.2-3706 and § 2.2-3706.1)
Non-criminal records (in whole or in part) (Va. Code Ann. § 2.2-3706 D)