IV. PROCEDURE FOR ASSERTING RIGHT OF ACCESS

The 1999 amendments substantially change the language of the personal privacy exception to the Act. The amended W. Va. Code § 6-9A-4(b)(6) provides that executive session is appropriate:

To discuss any material the disclosure of which would constitute an unwarranted invasion of an individual's privacy such as any records, data, reports, recommendations or other personal material of any educational, training, social service, rehabilitation, welfare, housing, relocation, insurance and similar program or institution operated by a public agency pertaining to any specific individual admitted to or served by the institution or program, the individual's personal and family circumstances.

No court decisions have yet interpreted or applied this new provision.