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Question about CHP Information

peter nap

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
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13,551
Location
Valhalla
drdan01 said:
Doesn't matter if he's following it or not...he's everywhere. We just have to say his name three times and he appears: Peter, Peter, Peter..... :banana:
Click to expand...

Within the Supreme Court is the Supreme Court's Executive Secretary. Their job (among other things)is to make sure the Clerks are in compliance with Virginia Law. For instance, the online case management system that each locality has is actually part of the Supreme Court system.

They have complete control over the actions of GD Clerks but since the Circuit Court Clerk is an elected officer, there are some limits.
 
TFred

TFred

Regular Member
Joined
Oct 13, 2008
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7,750
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Most historic town in, Virginia, USA
peter nap said:
Within the Supreme Court is the Supreme Court's Executive Secretary. Their job (among other things)is to make sure the Clerks are in compliance with Virginia Law. For instance, the online case management system that each locality has is actually part of the Supreme Court system.

They have complete control over the actions of GD Clerks but since the Circuit Court Clerk is an elected officer, there are some limits.
Click to expand...
With respect to the upcoming changes to 18.2-308 then, it seems we have a question with two possible answers.

The code was changed in essence like this:

From: The clerk of court may withhold from public disclosure the social security number contained in a permit application in response to a request to inspect or copy any such permit application

To: The clerk of court shall withhold from public disclosure the applicant's name and any other information contained in a permit application or any order issuing a concealed handgun permit​

Question: Who is owner of the information contained in the on-line case database?

Answer 1: The on-line case files are considered to be a part of each Circuit Court clerk's responsibility to populate and keep correct.

Answer 2: The on-line case files are considered to be a part of the Supreme Court of Virginia.

If Answer 1 is correct, it would seem that the case records that reveal the name of the permit holder will need to be hidden from public view on July 1st.

If Answer 2 is correct, then it would seem we are going to need still more legislation to fix this issue.

Note: The direction to "withhold from public disclosure" does not specifically address only new applications, it covers "a permit application". A permit application submitted prior to July 1st is still "a permit application."

It seems pretty clear to me that this direction to leave the pre-July 1st applications on-line is nothing more than the easiest way out to a problem with a database not designed to hold private information. From what I can read, it does not appear to be the legal solution.

TFred
 
peter nap

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
TFred said:
With respect to the upcoming changes to 18.2-308 then, it seems we have a question with two possible answers.

The code was changed in essence like this:
From: The clerk of court may withhold from public disclosure the social security number contained in a permit application in response to a request to inspect or copy any such permit application

To: The clerk of court shall withhold from public disclosure the applicant's name and any other information contained in a permit application or any order issuing a concealed handgun permit​

Question: Who is owner of the information contained in the on-line case database?

Answer 1: The on-line case files are considered to be a part of each Circuit Court clerk's responsibility to populate and keep correct.

Answer 2: The on-line case files are considered to be a part of the Supreme Court of Virginia.

If Answer 1 is correct, it would seem that the case records that reveal the name of the permit holder will need to be hidden from public view on July 1st.

If Answer 2 is correct, then it would seem we are going to need still more legislation to fix this issue.

Note: The direction to "withhold from public disclosure" does not specifically address only new applications, it covers "a permit application". A permit application submitted prior to July 1st is still "a permit application."

It seems pretty clear to me that this direction to leave the pre-July 1st applications on-line is nothing more than the easiest way out to a problem with a database not designed to hold private information. From what I can read, it does not appear to be the legal solution.

TFred
Click to expand...

I don't have an answer TFred. The online system is a state system and maintained by VITA. Things get confusing past that point.
 
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