If the content of any communication which is facilitated for compensation in the professional capacity of a qualified interpreter, as defined in § 51.5-113, or in the professional capacity of any communications assistant employed by the statewide dual party relay service established under Article 5 (§ 56-484.4 et seq.) of Chapter 15 of Title 56, is divulged by such interpreter or assistant, any such party to the communication aggrieved by such divulgence may recover from such interpreter or assistant the greater of (i) actual damages sustained, together with costs and reasonable attorneys' fees, or (ii) $100. No such recovery shall be permitted if the interpreter or assistant and the parties to the communication have agreed that the interpreter or assistant may divulge the content of the communication.
§ 8.01-44.3.Divulgence of communications by qualified interpreters and communications assistants.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1992 · Last verified July 16, 2026
In one sentenceLets a party to a communication recover the greater of actual damages plus costs and fees or $100 from a paid qualified interpreter or telecommunications-relay communications assistant who divulges the content of what was interpreted or relayed, unless everyone involved had agreed in advance that disclosure was permitted.
Full Text of § 8.01-44.3
Plain-English Summary
This section creates a confidentiality duty for two specific professional roles: a qualified interpreter, as defined in § 51.5-113, facilitating a communication for compensation, and a communications assistant employed by the statewide dual party relay service established under Article 5 of Chapter 15 of Title 56. If the content of a communication facilitated by either, in that professional capacity, is divulged, a party to the communication who is aggrieved by the divulgence may recover from the interpreter or assistant the greater of actual damages sustained, together with costs and reasonable attorneys’ fees, or $100.
That recovery is unavailable where the interpreter or assistant and the parties to the communication had agreed that the interpreter or assistant could divulge its content.
Frequently Asked Questions
Who is covered by this confidentiality requirement?
A qualified interpreter, as defined in § 51.5-113, facilitating a communication for compensation, and a communications assistant employed by Virginia’s statewide dual party relay service.
What can I recover if my interpreter or relay assistant discloses what I said?
The greater of actual damages sustained, together with costs and reasonable attorneys’ fees, or $100.
Is there a minimum amount I can recover even without proving large actual damages?
Yes, $100, if that exceeds the actual damages sustained together with costs and fees.
Can an interpreter avoid liability by getting my permission to disclose beforehand?
Yes. No recovery is permitted if the interpreter or assistant and the parties to the communication had agreed that the interpreter or assistant could divulge its content.
Does this section apply only to interpreters and assistants who are paid?
The confidentiality duty applies to a qualified interpreter facilitating a communication for compensation and to a communications assistant employed by the statewide relay service.
Amendment History
1992, c. 614.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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