Virginia Consumer Data Protection Act

Regulations governing biometric data collection, use, and processing have already been complex and strict with the Illinois’ Biometric Information Privacy Act (“BIPA”) as well as the biometrics laws in Washington and Texas. BIPA, which has a private right of action, has generated a flood of class action litigation. New York City has recently added to the mix by passing two new biometrics laws, the Tenant Data Privacy Act (“TDPA”) and an amendment to the New York City Administrative Code (“NYC Administrative Code”), both of which set forth requirements when it comes to processing of biometric data that expand consumers’ rights and impose obligations on processing biometric data.


Continue Reading New Laws on Biometric, RFD and Other “Sensitive” Data Collection and Use

Among the challenges presented by the increasing number of state privacy laws are identifying how consumer rights differ under each of the various laws and operationalizing a workflow for responding to rights requests that ensures compliance with each.  In this post, we will focus on consumers’ “right to delete” under the California Consumer Privacy Act (the “CCPA”), the California Privacy Rights Act, which amends and will essentially replace the CCPA on January 1, 2023 (the “CPRA”), and the Virginia Consumer Data Protection Act (the “VCDPA”). We note that the EU General Data Protection Regulation (“GDPR”) and laws around the world that are being adopted following the GDPR model also contains a right to delete which is quite broad (“right to obtain . . . erasure of personal data concerning him or her”), though subject to a number of exceptions.

Please see our previous posts here, here and here for a broader discussion of the CCPA, CPRA and VCDPA, respectively, including how certain key terms used below are defined.
Continue Reading Consumers’ “Right to Delete” under US State Privacy Laws

NewspaperAs expected, today Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (the “Act”) into law, though the Act will not go into effect until January 1, 2023.  As a result, Virginia becomes the second state in the United States to enact a data privacy law that purports to regulate the collection, use,

This article originally published on February 23, 2021, by the American Bar Association, and is republished here with permission. For more information visit www.americanbar.org.   

The article expands on our original report on the Virginia Consumer Data Protection Act published on February 2, 2021.

Computer securityIn the coming days, Governor Ralph Northam is expected to sign into law the Virginia Consumer Data Protection Act (the “Act”), which, if enacted, will become effective on January 1, 2023. As a result, Virginia would become the second state in the US to enact a holistic data privacy law that purports to regulate the collection, use and disclosure of the personal data of its residents generally.

Overview and Quick Take

In many ways, the Act is similar to the California Consumer Privacy Act (the “CCPA”), the first holistic data privacy law in the US, and to the California Privacy Rights Act (the “CPRA”), which was enacted by ballot referendum in November 2020. It also shares some concepts with the EU’s General Data Privacy Regulation (the “GDPR”).  However, it is sufficiently dissimilar to each of those laws that a business developing a compliance strategy for the Act will not be able to rely solely on its previous compliance efforts in complying with the Act.


Continue Reading Virginia Set to Become Second State to Enact Holistic Data Privacy Law