The Virginia Freedom of Information Advisory Council met on May 4 to review referred legislation from the 2026 General Assembly Session, discuss emerging issues involving artificial intelligence and public records, and continue ongoing work related to Virginia’s Freedom of Information Act (FOIA).
Among the measures referred to the Council are bills addressing FOIA enforcement procedures, standards for determining “willful and knowing” violations, access to records by non-citizen property owners, and quorum requirements for public meetings.
One bill drawing particular interest was HB 463 (Cohen), which would have amended the definition of a “meeting” under FOIA so that members of a public body could informally assemble so long as there was not a quorum present. eliminating the current “rule of three” language The bill would also expand the circumstances under which members participating electronically could count toward a quorum.
The Council also received a presentation regarding the emerging impact of AI-generated communications on FOIA and public records practices. Fairfax County staff discussed how artificial intelligence tools may affect records retention, transparency obligations, and communications generated or assisted by AI technologies.
The Council’s meeting materials and livestream information are available through the Virginia Freedom of Information Advisory Council website.
VACo Contact: Jeremy R. Bennett and Julie Whitlock, Esq.