October 15, 2021

Volume XI, Number 288

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October 15, 2021

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Comprehensive Privacy in the US: Will Virginia be Next?

Virginia may join California as the second US state to enact a comprehensive data-privacy law as soon as next week.

On January 29th the Virginia House of Delegates voted 89-9 to pass HB2307 and sent the bill to the state Senate, which is also moving forward with an identical bill (SB 1392) that is currently before the Senate Finance Committee. Because Virginia’s legislative session is extremely short, absent an extension, the Virginia Senate has less than two weeks to approve the bill before the state legislature adjourns for the year

Like the California Consumer Privacy Act (CCPA), the Virginia bills would give consumers the right to access their data, correct inaccuracies, and request the deletion of information. Virginia residents would also be able to opt out of data collection

for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

Unlike the CCPA and the newly enacted California Privacy Rights Act (which will go into effect in 2023), violations of the Virginia law would be enforced exclusively by the state attorney general, which can seek damages for up to $7,500 for each violation, with no private right of action specified for data breaches.

If passed, the Virginia legislation would take effect on January 1, 2023.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 33
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About this Author

Lydia de la Torre Data Privacy & Cybersecurity Attorney Squire Patton Boggs Palo Alto, CA
Of Counsel

Lydia de la Torre provides strategic privacy compliance advice related to US and EU privacy, including data protection and cybersecurity law, General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), other state’s privacy and cyber laws, US financial privacy laws, and marketing and advertising compliance, as well as information security. She also represents clients in investigations with an eye toward helping them avoid litigation.

Lydia’s work in-house and with organizations has run the gamut, from pre-IPO start-ups to mature Fortune 500 companies, in a...

650-843-3227
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