The West Virginia Freedom of Information Act (FOIA)

Under West Virginia Code §29B-1-2(5), a public record is defined as any writing that is prepared or received by a public body and relates to the conduct of the public’s business.

The law defines writing broadly and includes books, papers, maps, photographs, cards, tapes, recordings, and other documentary materials, regardless of their physical form or characteristics. This means public records can exist in both physical and electronic forms.

Under West Virginia Code §29B-1-3(a), every person has the right to inspect or copy public records maintained by a public body, unless the records are specifically exempt from disclosure under §29B-1-4.

The term person is defined broadly in §29B-1-2(3) and includes natural persons, corporations, partnerships, firms, and associations. In practice, this means both individuals and organizations may submit a FOIA request.

Under §29B-1-4 of the West Virginia Freedom of Information Act, certain records may be exempt from public disclosure. These exemptions are intended to protect personal privacy, public safety, confidential business information, and sensitive governmental operations.

The exemptions below summarize some of the most common protected records. The full statute contains additional exemptions and exceptions.

• Medical files and other personally identifiable information.
• Records that may interfere with an law enforcement investigation, reveal confidential sources, endanger individuals, or otherwise compromise law enforcement activities.
• Security and emergency response information, including anti-terrorism plans, threat assessments, emergency response procedures, and other critical infrastructure protections.
• Government information systems and infrastructure details, including passwords, access codes, cybersecurity measures, disaster recovery plans, and sensitive engineering or utility system designs.
• Trade secrets and confidential commercial or financial information submitted to public agencies, where disclosure would cause competitive harm.

Under §29B-1-3(e) of the West Virginia Freedom of Information Act, public bodies may charge fees that are reasonably calculated to cover the actual cost of reproducing and providing records.

Public bodies may not charge for the time spent searching for or retrieving records and may not assess fees based on labor hours used to locate, review, or compile responsive documents.

In practice, permissible fees are limited to direct reproduction and delivery costs. Common examples include per-page copying fees, actual postage or shipping costs, and the price of removable media, such as a CD or flash drive.

Additionally, §29B-1-3(c) requires record custodians to make copies available on magnetic or electronic media, when requested, if the records exist in magnetic, electronic or computer form. With the lack of copying costs and delivery fees there is generally limited basis to attempt to recover “actual cost” to reimburse the agency providing digital records via electronic transmission (such as email delivery).

Under the West Virginia Freedom of Information Act, a request needs only to be submitted directly to the custodian of the public records and describe the records sought with reasonable specificity. The Act does not require the use of a particular form or format. However, it authorizes records custodians to establish reasonable rules and procedures to protect public records and prevent interference with the regular discharge of official duties. As a result, many public agencies often maintain their own procedures for processing FOIA requests. In most cases, requests may be submitted by mail, email, or hand delivery.

A sample email is available in the FOIA Request Template section of this page.

Tips for Submitting a Request

1. Identify the type of records you are requesting (e.g., meeting minutes, emails, contracts, invoices, permits, photographs, or surveillance footage).
2. Include the official names of people, departments, projects, properties, or organizations related to the records.
3. Specify a relevant date, time, or date range whenever possible.
4. Be as specific as practical. Narrowly tailored requests are often easier to process and may result in a faster response.

Examples

• All emails sent or received by the City Manager concerning the Main Street Project between March 1 and March 31, 2025.
• All City Council meeting minutes from January 1, 2024, through December 31, 2025.
• All active or amended agreements between the [Public Body] and [Company Name].

Under§29B-1-3(d), a record custodian must respond to a request “as soon as practicable,” with a strict maximum deadline of five business days. This timeframe excludes Saturdays, Sundays, and legal holidays.

Within this five-day window, the public agency is legally required to take one of three actions:

1. Provide the Records: Furnish copies of the requested information.
2. Coordinate Inspection: Advise the requester of the specific time and place where the materials can be inspected and copied.
3. Issue a Formal Denial: Deny the request in writing, citing the specific statutory reasons for the withholding. The denial must explicitly state that the agency’s responsibility to produce the records has ended, and it must inform the requester of their right to seek injunctive or declaratory relief in the circuit court of the county where the records are kept.

Any person denied the right to inspect the public record of a public body file a lawsuit for injunctive or declaratory relief in the circuit court in the county where the public record is kept under §29B-1-5. The declaration of policy requires the article to be liberally construed with the view of carrying out the policy and the burden is on the public body to sustain its action.

Any person who successfully brings a suit filed pursuant to section five shall be entitled to recover his or her attorney fees and court costs from the public body that denied him or her access to the records in accordance with §29B-1-7.