Virginia Consumer Data Protection Act, sensitive data and biometric data definitions

Va. Code Ann. § 59.1-575

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In force since 1 January 2023.

A sensitive categories rule binding private bodies.

As of 27 August 2026.

What it requires

Obtain a Virginia consumer's opt-in consent before processing sensitive data, including genetic or biometric data collected to uniquely identify the individual.
Do not treat an identifier derived solely from a photograph, video, or audio recording as VCDPA biometric data requiring this consent. The definition excludes any data generated from such a recording, with no exception for data generated to identify someone.

What it reaches

Excludes recording-derived identifiersYes

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

VCDPA classifies the processing of genetic or biometric data to uniquely identify a person, along with racial or ethnic origin, religious belief, a mental or physical health diagnosis, sexual orientation, citizenship or immigration status, precise geolocation, and a known child's data, as sensitive data requiring prior opt-in consent.

'Biometric data' means data from automatic measurement of an individual's biological characteristics used to identify them, such as a fingerprint, voiceprint, or eye retina or iris pattern, but the definition carries a blanket, unconditional exclusion for a photograph, video or audio recording, or data generated from either, with no clawback for data generated to identify someone.

A faceprint or voiceprint extracted from a recording for identification purposes therefore falls outside both biometric data and sensitive data under this Act.

When LexLint raises it

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Read the law

official Virginia statute text, Title 59.1 Chapter 53, Code of Virginia

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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