New Consumer Data Protection Bill Introduced In Virginia

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A new consumer data protection bill has been introduced in the Virginia Senate.

Of note:

  • “Consumer” terminology is here to stay but the bill uses the General Data Protection Regulation’s terms “personal data” and “processor/controller” with the related obligations as well as some re: data processing agreements
  • Consumer rights including knowledge, access, rectification, deletion and opt out of sale or profiling
  • Data minimization obligation
  • Purpose limitation obligation
  • Specific obligation on information security standards
  • Obligations involving sensitive information
  • Data protection impact assessment
  • Definition of precise geolocation data being a radius of 1750 feet
  • “Identified” includes link to a device
  • “Publicly available information”  includes information lawfully made available to the general public unless limited by the consumer
  • Enforcement by Attorney General,  no private right of action

Read the full text of the bill.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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