West Virginia

Reporter Ken Ward Jr., who coordinates The Charleston Gazette computer-assisted reporting program, says the problem in accessing West Virginia’s electronic records isn’t always a question of the willingness of custodians to disclose, so much as the lack of computer know-how on the agencies’ part to pull the data.

Ward said access varies by agency, and he sometimes has to write to an agency outlining the state’s law on electronic records or explain how to pull the records in a particular format in order to get the data. Generally, he said, West Virginia should up the ante on computer skills for their records custodians and “learn how to more easily provide [public information] to the public and the press.”

The law. In amending the existing Freedom of Information Act in 1992, West Virginia added language to include electronic records in the law. Records custodians are required to fill or deny the request within five business days. W. Va. Code §29B-1-3(4).

If the records exist in “magnetic, electronic or computer form,” the custodian should provide the records in that format if so requested. §29B-1-3(3).

Cases & opinions. West Virginia FOIA does not require the creation of public records. Forsham v. Harris, 445 U.S. 169 (1980). Just because a public agency has a statutory right to copy records retained by a private entity does not automatically make the records public under FOIA. Affiliated Construction Trades Foundation v. Regional Jail and Correctional Facility Authority, 490 S.E.2d 708 (W.Va. 1997).

Fees. The agency may “establish” fees “reasonably calculated to reimburse” the actual cost of copying the records. W. Va. Code §29B-1-3(5).

Special Cases. Legislative databases. W. Va. Code §4-3-5 exempted some information contained in legislative databases.

Resources. West Virginia Press Association