FOIA Advisor

Q&A: Get off my lawn!

Q&A (2015-2023)Allan BlutsteinComment

Q. I requested records from my file at the Prince William County Building Division in order to find out whether an inspector had entered my garage and shed to take photographs while I was not home. I received a voice message from a FOIA employee who stated that she could not release any records to me because I was still under investigation.

A. If you have not received a written response from the agency yet, you might consider asking the agency for a written response that identifies the specific section of the Code of Virginia upon which the agency is relying to withhold the records you requested. Assuming this matter concerns permitting and is not criminal in nature, it is unclear to me which FOIA exemption would apply. In addition to contacting the agency, you might also consider contacting the Virginia FOIA Council for free advice or dispute resolution.