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In the absence of comprehensive federal privacy law, states are following California’s lead and proposing their own privacy bills. This blog post provides an overview of three state bills that we are tracking closely in this year’s legislative session: the Washington Privacy Act (“WAPA”), the New York Privacy Act (“NYPA”), and the Virginia Consumer Data Protection Act (“VCDPA”). Though the proposed bills are distinct, there are similarities that largely track existing CCPA and/or GDPR requirements:
Distinguishing between controllers and processors. Similar to the EU’s GDPR, all three bills distinguish between “controllers,” which generally determine the purposes and means for processing personal data, and “processors,” which process data on behalf of the controller.
Keypoint: Virginia moves closer to enacting consumer privacy legislation.
On January 29, 2021, the Virginia House of Delegates passed HB2307, the Virginia Consumer Data Protection Act (Act) in an 89 to 9 vote. The Act now sits with the Senate Committee on General Laws and Technology. A companion bill, SB 1392, already passed the Senate Committee on General Laws and Technology on January 27, 2021.
According to the Virginia General Assembly Session Calendar, Friday, February 5 is the deadline for each house to complete work on its own legislation, except for the budget bill. The Assembly will adjourn on February 11.
Below is a brief overview of the Act.