Law / United States / 
Virginia
Virginia Consumer Data Protection Act, consumer rights
In force since .
A data subject rights rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Data subject residence
- Audit expectation
- none
What it requires
- Give a Virginia consumer a means to confirm whether you process their personal data, access it, correct it, delete it, and receive a portable copy.NIST Privacy FrameworkCT.PO-P3
- Offer a Virginia consumer an opt-out of targeted advertising, the sale of personal data, and profiling that produces a legal or similarly significant effect.NIST Privacy FrameworkCT.PO-P3
- Respond to a consumer rights request without undue delay and within 45 days of receipt, with one 45-day extension available, and decide an appeal of a refusal within 60 days.NIST Privacy FrameworkCT.PO-P3NIST Privacy FrameworkGV.MT-P7
These lines are LexLint's reading of the law's text. Also read by: Office of the Attorney General of Virginia (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- GV.MT-P7Policies, processes, and procedures for receiving, tracking, and responding to complaints, concerns, and questions from individuals about organizational privacy practices are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.oag.state.va.us/consumer-protection/files/tips-and-info/Virginia-Consumer-Data-Protection-Act-Summary-2-2-23.pdf
- Guidance body
- Office of the Attorney General of Virginia
- Open questions
- Which decisions amount to a denial of 'access to basic necessities, such as food and water' under Va. Code § 59.1-575, so that the profiling opt-out in section 59.1-577(A)(5) applies to them?
What it makes you log
Logging duty
Section 59.1-577 gives a consumer the rights to confirm, access, correct, delete, port and opt out, sets a forty-five day response period, requires a written justification when a controller declines and an appeal process, and puts on the controller the burden of showing that a request is manifestly unfounded, excessive or repetitive. A burden about the nature of a request is evidence allocation and not a record duty, a notice of the reasons for a refusal is a communication, and keeping a record of a deletion request is one of two routes to deemed compliance for data obtained from another source (B)(5), so it is an option and not a duty. No log, content or period is required. The reach is the consumer, defined as a resident of the Commonwealth.
- Kind
- None
- As of
What this law does
VCDPA gives a Virginia consumer the right to confirm and access their personal data, correct inaccuracies, delete data, obtain a portable copy, and opt out of targeted advertising, sale, and profiling in furtherance of decisions producing legal or similarly significant effects, exercisable against the controller.
A controller must respond without undue delay and within 45 days of receipt, with one 45-day extension available, and must answer an appeal of a denial within 60 days, with an option to escalate to the Attorney General.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions or processes personal data.
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