Connect with us

State News

Virginia lawmakers advance Consumer Data Protection Act

Published

on

The General Assembly is advancing legislation that allows Virginia consumers more protection with their online data, though opponents say the measure does not include the ability for people to file private lawsuits against companies that breach the proposed law.

Del. Cliff Hayes, D-Chesapeake

The measure is known as the Consumer Data Protection Act in both chambers of the state legislature. The Senate version, sponsored by Sen. David Marsden, D-Fairfax, passed the House 89-9 on Thursday. The House version, sponsored by Del. Cliff Hayes, D-Chesapeake, is awaiting a final vote but was passed by for the day Thursday.

“The consumers should have the right to know what is being collected about them,” Hayes said when introducing the bill.

The data protection act allows consumers to retrieve a copy of their online data, amend or delete this data, and opt-out of allowing large businesses to sell the data.

Hayes wants businesses to responsibly handle consumer information.

“The bottom line is, we want the controllers to know what their role is when it comes to the protection of individual’s data,” Hayes said during a House committee meeting. “We believe that no matter who you are as an organization, you need to be responsible when it comes to the handling of data of consumers.”

The bills apply to businesses that control or process the personal data of at least 100,000 consumers per year. It also impacts businesses that handle data of at least 25,000 consumers per year and makes more than half of their gross revenue from selling personal data. The businesses must be located in Virginia or serve Virginians.

Under the Consumer Data Protection Act, the attorney general’s office would handle the enforcement of this legislation. The office would handle anything from consumer complaints to the enforcement of fines.

“The attorney general’s office will have the depth and breadth, experience, the investigative tools necessary to know and to follow trends of companies and to make sure that they bring the muscle of that office to the table,” Hayes said.

Microsoft’s Senior Director of Public Policy Ryan Harkins testified in favor of the proposed law.

“We’ve seen dramatic changes in technology over the past couple of decades and U.S. law has failed to keep pace,” Harkins said. “It’s fallen behind much of the rest of the world and failed to address growing challenges of privacy.”

Harkins said that Microsoft has advocated for data protection laws since 2005. He said that the public has lost trust in technology, and passing comprehensive data protection legislation can help win the public’s trust back.

Harkins said that the measure stands alongside leading data protection legislation such as California’s Consumer Privacy Act and aspects of the European Union’s General Data Protection Regulation.

“In some respects, it would go further and provide the most comprehensive and robust privacy laws in the United States,” Harkins said.

Attorney Mark Dix spoke in opposition to the bill on behalf of the Virginia Trial Lawyers Association. He said the measure would hurt Virginians because it is “going to close the courthouse doors.”

“It provides no cause of action whatsoever for the consumer, the person who is actually hurt,” Dix said. “It provides no remedy whatsoever for the consumer.”

Dix argued that having the attorney general’s office handles the enforcement of this legislation limits the consumer. Using a hypothetical scenario, Dix asked what would happen to Virginians if there was an administration change and the Attorney General did not prioritize data protection.

The Consumer Data Protection Act would take effect in January 2023. Marsden told a Senate subcommittee that allows time to “deal and field any other tweaks to the bill or difficulties that someone figures out.”

By Hyung Jun Lee
Capital News Service

Capital News Service is a program of Virginia Commonwealth University’s Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.

Front Royal, VA
73°
Sunny
6:44 am7:38 pm EDT
Feels like: 73°F
Wind: 1mph SSW
Humidity: 90%
Pressure: 29.97"Hg
UV index: 1
SatSunMon
82°F / 63°F
81°F / 59°F
81°F / 59°F
State News15 hours ago

Virginia House Speaker Details ‘Concerns’ About NextEra-Dominion Merger in Letter to State Regulators

State News15 hours ago

Consumer Sentiment Tumbles as Virginians Feel Pressure from Inflation, New Poll Finds

Local News15 hours ago

Engineers Find Façade Failure at E. Wilson Morrison, Main Structural System Shows No Visible Distress

Local Government17 hours ago

Buy It in Virginia, Consume It in Virginia, and Leave It in Virginia: The Golden Rule for 2027

Local News21 hours ago

Dawson Sheen Academy Plans New Shenandoah Valley High School for 2027

State News23 hours ago

Wittman Voted 60 Times to Undo the Affordable Care Act. Then He Backed Extending Its Subsidies

State News24 hours ago

As Sports Betting Surges, Virginia Weighs How to Curb Gambling Harms

National News24 hours ago

USPS Whistleblower Predicts ‘Catastrophic’ Effect on Elections Under Trump Vote-by-Mail Order

State News1 day ago

Teenage Gunman Dead After Opening Fire Inside Virginia Elementary School Wednesday Morning

Obituaries1 day ago

Michael Lee “Mike” “Grandpa” Soyars (1970 – 2026)

Obituaries1 day ago

Gilbert R. “Skip” Simmons Jr (1949 – 2026)

Local Government2 days ago

After Financing Discussions the Supervisors Censure an Apologetic Hugh Henry for Last Meeting Citizen Confrontation

Interesting Things to Know2 days ago

Missing Texas Giraffe Found Safe After Nearly Two Weeks

Local News2 days ago

Profile of a Candidate: Chairman of the Planning Commission Allen Neel Runs for Town Council

Local News2 days ago

Youth Center Goes Forward as Strategic Hub, Supported by Key Community Players Like Honey & Hops

Interesting Things to Know2 days ago

Minnesota Township Keeps Electing Four-Legged Mayors

State News2 days ago

Data Shows 94,000 Virginians Have Dropped Their ACA Insurance Since Last Year

Local News2 days ago

After FAA Certification, Washington Manassas Airport to Offer Commercial Flights

State News2 days ago

New Virginia Law Bans Live Streaming While Driving, With Exceptions for Emergencies

State News2 days ago

Federal Judge Blocks New Virginia Limits on Existing Local ICE Agreements

National News3 days ago

Judge Calls Trump Mail Ballot Rule ‘Substantively Unconstitutional’ as Court Battle Extends

National News3 days ago

US House Clears Spending Stopgap Backed by Trump That Averts Government Shutdown

Business3 days ago

Apple Lawsuit Puts Employee Offboarding and Digital Access in the Spotlight

State News3 days ago

Virginia Education Board Updates Graduation Requirements, Expands Course Options for Students

Opinion3 days ago

Commentary: The Day Virginia Took Down Confederate Statues, a Black Church Remembered a Lynching Victim