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3.1. Confidentiality

A. Legal Basis

Federal Privacy Act of 1974 The Federal Privacy Act requires that applicant/recipient information be kept confidential. The LDSS may not release information about the applicant/recipient without their written consent except for purposes directly connected with the administration of social service programs or by court order. Information from all federal agencies must be kept confidential. LDSS may not release information to any outside source, except as required for purposes of program administration.

Virginia Freedom of Information Act The legal base for this section of guidance is § 22.1-289.06 of the Code of Virginia, the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia), the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 of the Code of Virginia, § 32.1-127.1:03 of the Code of Virginia and by regulation (22VAC40-910) promulgated by the State Board of Social Services.

B. Release of Information to a Non-Government Agency

The Confidentiality Form (032-01-0040-03-eng) must be completed by the applicant/recipient prior to the release of case information to an outside agency other than an agency of federal, state, or local government.

C. Written Permission for Release of Information

With certain exceptions, the applicant/recipient must give written permission before information may be obtained from other sources or given to an individual or agency. The Consent to Exchange Information (032-01-0005-02-eng) should be used.

NOTE: The title of this form is “Authorization to Use and Exchange Information” when it is accessed under forms by a link on FUSION. Local, state, or federal law enforcement officials may request information to investigate an alleged violation of the child care program by submitting a written request to the LDSS. The written request must include:

1. The identity of the individual requesting the information and the authority to do so; 2. The violation being investigated; and 3. The identity of the person on whom the information is requested.

D. Release of Information without Written Permission

Based on the applicant/recipient’s signature on the Child Care Application and Redetermination form, information related to the child care case may be given out or obtained without separate permission from the applicant/recipient in order to carry out the administration of the program.