2006 Code of Virginia § 8.01-418.3 - Year 2000 assessments and documents not actionable

8.01-418.3. Year 2000 assessments and documents not actionable.

A. For purposes of this section, unless the context requires a differentmeaning:

"Document" means information collected, generated, or developed in thecourse of, and in the planning for, a Year 2000 assessment, which is clearlymarked as such on the face of the document, and includes, but is not limitedto, interview notes, audits, records of inspections, findings, opinions,suggestions, conclusions, drafts, memoranda, electronic mail messages,charts, test data, drawings, electronic data, photographs, videotape,computer-generated or electronically recorded information, and surveys."Document" shall not include information generated or developed prior tothe commencement or after the conclusion of a Year 2000 assessment.

"Year 2000 assessment" means a voluntary evaluation of the Year 2000processing capabilities of the technology systems any person owns or uses.The assessment shall be or have been performed between January 1, 1996, andJuly 1, 2000; designed to solve a Year 2000 problem or avert a Year 2000failure; and conducted at the person's request by the person's employees oran independent contractor.

"Year 2000 problem" or "Year 2000 failure" means any computing, physical,enterprise, or distribution system complication that has occurred or mayoccur as a result of the change of the year from 1999 to 2000 in any person'stechnology system, including, without limitation, computer hardware,programs, software, or systems; embedded chip calculations or embeddedsystems; firmware; microprocessors; or management systems, businessprocesses, or computing applications that govern, utilize, drive, or dependon the Year 2000 processing capabilities of the person's technology systems.Such complications may include the common computer programming practice ofusing a two-digit field to represent a year, resulting in erroneous datecalculations; an ambiguous interpretation of the term or field "00"; thefailure to recognize 2000 as a leap year; algorithms that use "99" or"00" to activate another function; or the use of any other applications,software, or hardware that are date-sensitive.

"Year 2000 processing" means the processing, calculating, comparing,sequencing, displaying, storing, transmitting, or receiving of date ordate-sensitive data from, into, and between the twentieth and twenty-firstcenturies, during the years 1999 and 2000, and leap year calculations.

B. No Year 2000 assessment or document shall be discoverable or admissible inevidence, except that the court, following in camera review and for goodcause shown, may order the discovery or admission of such assessments ordocuments.

(1999, c. 17.)