U.S. Virgin Islands
Virgin Islands Open Records Act
V.I. Code tit. 3, §§ 881-888
Transparency Score: 62/100
Response Timeline
No fixed statutory deadline for response. The statute requires agencies to respond within a 'reasonable time.' This is one of the weakest response time provisions among US jurisdictions. In practice, response times vary widely across USVI government agencies. Prior to the 2012 Act, the only provision was tit. 3 § 881 granting citizens the right to 'examine' public records.
No residency requirement under the current Open Records Act. The original § 881 referenced 'every citizen of the territory' but the 2012 Act broadened access. Any person may submit a request.
How to Submit a Request
Accepted Methods
Requests should describe the records sought with reasonable specificity. No formal request form is mandated by statute, though individual agencies may provide their own forms.
Required Elements
- Requester name and contact information
- Description of records sought with reasonable specificity
Optional Elements
- Preferred format for response
- Preferred delivery method
Fees
The statute allows 'reasonable charges for copying' but does not prescribe specific fee amounts. Individual agencies set their own fee schedules. There is no statutory cap on fees, but charges must be reasonable and tied to actual reproduction costs.
Fee Waivers
- Agencies may waive fees at their discretion; no statutory fee waiver categories
No statutory fee waiver provisions. Fee waivers are at the discretion of individual agencies.
Exemptions
-
Records specifically exempted from disclosure by other provisions of the Virgin Islands Code
-
Personnel records and medical files of government employees where disclosure would constitute a clearly unwarranted invasion of personal privacy
-
Investigatory records compiled for law enforcement purposes where disclosure would interfere with enforcement proceedings
-
Trade secrets and confidential commercial or financial information obtained from third parties
-
Inter-agency or intra-agency memoranda or letters that would not be available by law to a party in litigation
-
Records protected by attorney-client privilege or attorney work product doctrine
-
Student educational records protected under applicable federal and territorial privacy laws
-
Criminal identification records (fingerprints, photographs) though arrest records are generally public
Exemptions are broadly similar to US federal FOIA exemptions. The law exempts records 'specifically exempted from disclosure by other law' which creates a broad catch-all. Arrest records are explicitly public under VI Code. Agencies bear the burden of justifying non-disclosure.
Appeal Process
1
File a civil action in the Superior Court of the Virgin Islands to compel disclosure. No administrative appeal process is required before going to court.
The primary enforcement mechanism is a civil action in the Superior Court of the Virgin Islands. There is no mandatory administrative appeal process. The burden of proof rests with the agency to justify non-disclosure. The absence of an administrative remedy makes enforcement dependent on access to legal counsel.
Request Templates
MuckRock US Virgin Islands Guide →
MuckRock
NFOIC Sample Request Letters →
National Freedom of Information Coalition
VI Code Title 3 Chapter 33 (Official Statute) →
Justia (unofficial)
Records Retention
V.I. Code Title 3, Chapter 33 (Public Records); Title 28, Section 672 (Retention of Records)
The USVI has limited formal records retention infrastructure. The Territorial Archives are housed at the Enid M. Baa Library (St. Thomas) and Florence Williams Library (St. Croix). A NHPRC-funded project was initiated to develop a records management program, but no comprehensive public retention schedule catalog was identified.