Virginia 2026 Regular Session

Virginia Senate Bill SB85

Introduced
12/30/25  
Refer
12/30/25  
Report Pass
2/4/26  
Engrossed
2/9/26  

Caption

Consumer Data Protection Act; social media platforms & model operators, interoperability interfaces.

Impact

The proposed amendments to sections 59.1-575 and 59.1-577 of the Code of Virginia will significantly impact how businesses in the tech sector manage consumer data. By mandating operators of social media and AI systems to create open protocols for data sharing, SB85 aims to hinder monopolistic practices by requiring that user data can be easily shared across platforms. This shift is likely to create a more competitive environment in the tech industry, potentially leading to innovation in how digital services are offered and data is used.

Summary

Senate Bill 85, also known as the Consumer Data Protection Act, seeks to amend the Code of Virginia to enhance consumer rights concerning personal data processed by social media platforms and operators of artificial intelligence systems. The bill aims to establish clear definitions regarding personal, biometric, and contextual data, allowing consumers to have more control over their data. It mandates that these platforms implement third-party-accessible interoperability interfaces, enabling users to share their data directly with other systems, thus fostering greater data portability and consumer autonomy over their information.

Sentiment

The sentiment around SB85 appears generally positive among consumer advocacy groups that view it as a step toward empowering users regarding their personal data. Proponents argue that enhanced consumer rights will protect individuals from potential abuses by large technology companies. However, there are concerns among some industry stakeholders regarding the practicality of implementing such interoperability features and the costs associated with compliance, which may disproportionately affect smaller operators in the field.

Contention

Notable points of contention include concerns about the implications of mandatory data sharing on user privacy and security. While the bill includes provisions for ensuring data security, critics argue that the open-access nature of interoperability could expose consumers to greater risks of data breaches. Moreover, the ability to share data could inadvertently allow excessive tracking or profiling of users, which raises ethical questions about consumer consent and the safeguarding of sensitive information. It remains to be seen how these challenges will be addressed as the bill progresses through the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

VA SB359

Consumer Data Protection Act; social media platforms, addictive feed.

VA HB1624

Consumer Data Protection Act; social media platforms; addictive feed prohibited for minors.

VA SB854

Consumer Data Protection Act; social media platforms, responsibilities and prohibitions to minors.

VA HB1817

Consumer Data Protection Act; social media, parental consent.

VA SB783

Consumer Data Protection Act; protections for children.

VA SB432

Consumer Data Protection Act; protections for children.

VA HB2043

Consumer Data Protection Act; user-generated content protected, civil penalty.

VA SB769

Consumer Data Protection Act; controller privacy notice; cookies; consumer consent.

VA SB252

Consumer Data Protection Act; controller privacy notice, consumer consent.

VA SB1376

Virginia Consumer Protection Act; food labeling.

Similar Bills

HI HB1887

Relating To Artificial Intelligence Literacy Education.

HI SB2212

Relating To Artificial Intelligence Literacy Education.

CA SB813

California AI Standards and Safety Commission: independent verification organizations.

HI SB2923

Relating To Artificial Intelligence.

NJ A4352

Requires school districts to provide instruction on artificial intelligence; requires Secretary of Higher Education to develop artificial intelligence model curricula.

NJ S2860

Establishes Artificial Intelligence Apprenticeship Program and artificial intelligence apprenticeship tax credit program.

CA AB1137

Reporting mechanism: child sexual abuse material.

CA SB420

An act to add Chapter 24.