The Virgin Islands Sunshine Act, codified in Title 3 of the V.I. Code, guarantees every resident the right to examine and copy public records — a cornerstone for transparency and accountability in government. It explicitly defines what counts as a “public record,” outlines exceptions, and even imposes penalties for officials who willfully deny access.
Yet our recent reporting shows how obtaining such records isn’t always straightforward. Agencies often cite confidentiality or policy without clarifying what actually falls under those exceptions, and at times, records are delayed, fragmented between agencies, or simply not provided — even when the law mandates disclosure.
Below is the full text of the Sunshine Act as it stands now — for reference and clarity — followed by additional commentary on how it applies to current reporting challenges, and gaps we’ve encountered.
Virgin Islands Sunshine Act (Title 3, Chapter 33, Section 881, 2019)
- 881. Examination and copying of public records; application of chapter; definitions and exemptions
(a) Every citizen of this Territory shall have the right to examine all public records and to copy such records, and the news media may publish such records, unless some other provision of the Code expressly limits such right or requires such records to be kept secret or confidential. The right to copy records shall include the right to make photographs or photographic copies while the records are in the possession of the lawful custodian of the records. All rights under this section are in addition to the right to obtain certified copies of records under section 882 herein.
(b) (Note: appears to mirror or extend subsection (a), as written in the Code.)
(c) Such examination and copying shall be done under the supervision of the lawful custodian of the records or his authorized designee. The lawful custodian may adopt and enforce reasonable rules and regulations regarding such work and the protection of the records against damage or disorganization. The lawful custodian shall provide a suitable place for such work, but if it is impracticable to do such work in the office of the lawful custodian, the person desiring to examine or copy shall pay any necessary expenses of providing a place for such work. All expenses of such work shall be paid by the person desiring to examine or copy. The lawful custodian may charge a reasonable fee for the services of the lawful custodian or his authorized deputy in supervising the records during such work.
(d) The rights of citizens under this chapter may be exercised at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at least thirty hours per week, such right may be exercised at any time from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays, unless the citizen and the lawful custodian agree on a different time.
(e) The provisions of this chapter and all rights of citizens under this chapter may be enforced by mandamus or injunction, whether or not any other remedy is also available.
(f) It shall be unlawful for any person to deny or refuse any citizen of this Territory any right under this chapter, or to cause any such right to be denied or refused. Any person knowingly violating or attempting to violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars.
(g) The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release information:
- Personal information about students of any school
- Hospital and medical records
- Trade secrets
- Attorney work product and litigation-related documents
- Peace officers’ investigative reports (unless disclosure is separately authorized elsewhere in the Code)
- Reports to government agencies that if released would benefit competitors and serve no public purpose
- Appraisal information regarding property acquired for public purposes, prior to public announcement of a project
- Confidential information about negotiations for investment incentives
- Criminal identification files of VIPD (though arrest records remain public)
- Personnel records with personal data
- Elderly or disabled adult abuse records
- Working papers and draft audit reports from the Inspector General
- Confidential information affecting Homeland Security
(h) In accordance with Rules of Civil Procedure, the District Court may grant an injunction restricting examination (including copying) of a specific public record, if a petition supported by affidavit shows that such examination would clearly not be in the public interest and would substantially and irreparably harm a person. The court shall consider the policy that free and open examination of public records is generally in the public interest, even if it causes inconvenience or embarrassment to officials or others. An injunction may proceed without bond.
The Sunshine Act makes one thing clear: public records belong to the people, and access to them should be open, timely, and straightforward. The law acknowledges that transparency may sometimes be inconvenient for government, but it remains central to the public interest.
In practice, though, access has not always worked as intended. Agencies may cite “ongoing investigations” or “internal policy” without identifying the legal basis, leaving requests delayed, redirected, or unanswered. That uncertainty makes it difficult for citizens and the press to know what can properly be disclosed.
The Sunshine Act envisioned something better: a culture where openness is the default and exemptions are clearly explained. Moving forward, the Source hopes transparency can be seen as a shared goal — one that strengthens trust between government and community, and ensures everyone has the information they need to take part in public life. The framework is already in place, and with consistent commitment, openness can grow from an obligation into a partnership that strengthens the entire territory.
St. Croix Source
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