Virginia may be the first state to follow California’s lead on consumer privacy legislation, but it certainly will not be the last. The International Association of Privacy.
State Legislative Privacy Law in the US natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
Like Europe’s GDPR and the CCPA, the CDPA expands consumer rights to access, correct, delete, and obtain a copy of personal data provided to or collected by a company, and to opt out of processing of the personal data for purposes of targeted advertising, sale, or profiling of the personal data.
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Both houses of Virginia’s legislature recently passed the Virginia Consumer Data Protection Act (S.B. 1392; H.B. 2307) (the “VCDPA”). If approved by the state governor, the VCDPA would become the United States’ second comprehensive state privacy law behind the California Consumer Privacy Act (CCPA).
The VCDPA is similar to the CCPA and the European Union’s General Data Protection Regulation in a number of ways. For instance, the act contains a broad definition of “personal data.” It imposes certain fundamental processing principles, such as purpose limitation and data minimization rules, on businesses that process personal data. It also provides Virginia consumers with new rights to access, delete, and take other actions in respect to their personal data.
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Keypoint: Virginia is on the verge of becoming the second state, after California, to enact consumer privacy legislation.
As we previously reported, the Virginia House of Delegates overwhelmingly passed HB2307, the Virginia Consumer Data Protection Act (Act). On February 3, 2021, the Virginia Senate unanimously passed a companion bill, SB 1392. The bills will need to be reconciled before the legislature closes on February 11, 2021. However, that appears to be a mere formality given that the bills are identical and the House bill is already working its way through the Senate.
For an overview of the Act, see our prior post available here.