Law / United States / 
Virginia
Student-athletes: biometric data as a condition of a name, image and likeness contract
In force since .
A biometric privacy rule binding public and private bodies.
- Obligation class
- Biometric, Consent, Prohibition
- Audit expectation
- none
What it requires
- Do not make the possession, use or ownership of, or the rights to, a student-athlete's biometric data a condition of any contract with the student-athlete for the use of the student-athlete's name, image or likeness, unless the student-athlete has given prior written consent in a writing that is separate and apart from the contract (Va. Code Ann. 23.1-408.2(C)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Subsection C of section 23.1-408.2 bars making a student-athlete's biometric data a condition of a name, image and likeness contract without separate written consent. It sets no duty to keep a record.
- Kind
- None
- As of
What this law does
Biometric data is an individual's physiological, biological or behavioral characteristics that are used or intended to be used, alone or in combination with other identifying data, to establish the individual's identity, and it includes information pertaining to DNA, imagery of the iris, retina, fingerprint, face, hand, palm and vein patterns, voice recordings from which an identifier template such as a faceprint or voiceprint can be extracted, keystroke and gait patterns or rhythms, and sleep, health or exercise data that contain identifying information.
No individual or entity may make the possession, use or ownership of, or the rights to, a student-athlete's biometric data a condition of any contract with the student-athlete for the use of the student-athlete's name, image or likeness without the student-athlete's prior written consent in a writing that is separate and apart from the contract. Chapter 247 of the 2026 Acts of Assembly (House Bill 971) added the section and took effect on .
When LexLint raises it
When your app profile says your app processes biometric data or processes personal data.
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