Virginia 2022 Regular Session

Virginia Senate Bill SB516

Introduced
1/12/22  

Caption

Consumer Data Protection Act; clarifies definition of nonprofit organizations.

Impact

Notably, the bill amends existing Virginia state laws, particularly §59.1-575, to define key terms such as 'consumer', 'controller', 'processor', and 'personal data'. With the effective date set as January 1, 2023, the act introduces several consumer rights aimed at protecting against unauthorized data processing and ensuring transparency regarding how personal data is used. For organizations, especially nonprofits, this increases accountability and requires robust mechanisms for compliance and data protection.

Summary

SB516, also known as the Consumer Data Protection Act, aims to clarify the definitions and protections surrounding the handling of consumer data, particularly in the context of nonprofit organizations. This bill establishes comprehensive guidelines for how personal data, including biometric and geolocation data, is processed and shared. Furthermore, it emphasizes the importance of obtaining consumer consent before data processing, ensuring that individuals retain control over their personal information.

Contention

During discussions on SB516, one notable point of contention arose regarding the balance between data protection and the operational flexibility of nonprofit organizations. Critics expressed concerns that the requirements for consent and transparency could impose burdens on nonprofits that rely on data to provide services. Proponents argue, however, that clear definitions and strictures are vital for consumer protection in an increasingly data-driven society. This dichotomy highlights a broader debate about privacy rights versus operational necessities in the context of nonprofit activities.

Companion Bills

VA SB534

Similar To Consumer Data Protection Act; definitions, enforcement, abolishes Consumer Privacy Fund.

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