Current through Register Vol. XLI, No. 50, December 13, 2024
Section 169-2-4 - Protection of Privacy, Homeland Security and Distribution of Works4.1. Protection of Privacy. 4.1.a. Except as otherwise specified in these rules, no person may distribute any maps, compilations or other works created as a result of the Project without the express written permission of the Board, and then, only under conditions imposed by the Board to protect reasonable expectations of privacy of the information in those works, consistent with the West Virginia Freedom of Information Act, W. Va. Code §29B-1 et seq, and consistent with W. Va. Code § 24E-1-9(b).4.1.b. The following standards apply to the distribution of maps, compilations or other works under these rules: 4.1.b.1. Any such works may be distributed for emergency services purposes to public agencies, local exchange telephone companies and other persons with a legitimate need to know for such purposes. Except as otherwise permitted by the Board or these rules, such public agencies, local exchange telephone companies and other persons may use such works solely for emergency services purposes.4.1.b.2. Except as otherwise specified in these rules, maps and mapping works may be distributed to any person paying the applicable fees to be established by the Board. The Board explicitly finds that there is no reasonable expectation of privacy by individual citizens in such maps or mapping data, and that the distribution of such works is consistent with the legislature's declaration of policy under W. Va. Code § 29B-1-1.4.1.b.3. Addresses and other non-mapping works may be distributed at the sole discretion of the board, to the postal service, utilities and other entities with a legitimate need to know as determined by the Board. Other than the distribution of such works to the postal service, the Board may establish fees, terms and conditions for the distribution of such works, including without limitation such restrictions, if any, on the further distribution of such works to protect reasonable expectations of privacy.4.2. Homeland Security. No portion of any map, mapping work, address or other work may be distributed to any person or entity if the Board determines that the distribution of such portion of the work may have a likelihood of harm to homeland security. In making that determination, the Board may consult with any affected agencies of the state or federal governments. In such consultations, certain areas may be deemed sensitive by federal, state or local agencies responsible for homeland security. Where the responsible agency has done so, the Board will accept the judgment of the responsible agency. Areas adjacent to secure areas may also not be divulged so as not to divulge the exact location of the secure areas, as determined by the Board after any consultation with the agency or agencies responsible for homeland security.
4.3 Procedure. Except for the distributions of works under 4.1.b.1, any requests for the distribution of a work related to the Project must be made, in the first instance, to the Project manager. The Project manager shall make recommendations to the Board as to the requested distribution, and may consult with the Board's counsel prior to making such recommendation. No such works may be distributed (except for the distribution of works under 4.1.b.1) without the approval of the Board under these rules.