Virginia 2022 Regular Session Status: Enacted

SB 534 — Consumer Data Protection Act; definitions, enforcement, abolishes Consumer Privacy Fund.

Last action — Approved by Governor-Chapter 452 (effective 7/1/22)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Consumer Data Protection Act; enforcement; Consumer Privacy Fund. Authorizes the Attorney General to pursue actual damages to consumers to the extent they exist if a controller or processor of the personal data of Virginians continues to violate the Consumer Data Protection Act (the Act) following a 30-day cure period offered by the Attorney General or breaches an express written statement provided to the Attorney General. Political organizations and certain § 501(c)(4) organizations are classified as nonprofit organizations and thus exempt from the Act. In addition, the bill abolishes the Consumer Privacy Fund and provides that all civil penalties, expenses, and attorney fees collected from enforcement of the Act shall be deposited into the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund. This bill incorporates SB 516 and is identical to HB 714.

Bill Text

What changed in the latest version

142 added · 134 removed

Plain-language change summary

The updated version of the bill SB 534 clarifies the definitions of terms like "affiliate" and "biometric data." Notably, the term "affiliate" has been refined to specifically exclude entities that merely share common branding, making it clearer which entities are included under this definition. This precision is important as it helps both businesses and consumers better understand the scope of the law, ensuring that consumer data protection is applied accurately. Overall, these changes improve the clarity of the legislation, which is essential for effective enforcement and compliance.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 59.1-575 and 59.1-584, as they shall become effective, of the Code of Act;
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 452 An Act to amend and reenact §§ 59.1-575 and 59.1-584, as they shall become effective, of the Code of Virginia and to repeal § 59.1-585 of the Code of Virginia, relating to Consumer Data Protection Act;
Code of Virginia, relating to Consumer Data ProtectRon O [S 534] L Approved L Be it enacted by the General Assembly of Virginia:
[S 534] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
E 1.
1.
That §§ 59.1-575 and 59.1-584, as they shall become effective, of the Code of Virginia are D ame§ 59.1-575.
That §§ 59.1-575 and 59.1-584, as they shall become effective, of the Code of Virginia are amended and reenacted as follows:
§ 59.1-575.
"Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity.
"Affiliate" means a legal entity that controls, is controlled by, or is under common control with definition, "control" or "controlled" means (i) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company;
For the purposes of this definition, "control" or "controlled" means (i) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company;
or Biii) the power to exercise controlling influence over the management of a company.
or (iii) the power to exercise controlling influence over the management of a company.
3 consumer rights in § 59.1-577, is the same consumer exercising such consumer rights with respecE to the personal data at issue.
"Authenticate" means verifying through reasonable means that the consumer, entitled to exercise his consumer rights in § 59.1-577, is the same consumer exercising such consumer rights with respect to the personal data at issue.
R "Biometric data" means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual.
"Biometric data" means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual.
"Child" means any natural person younger than 13 years of age.
"Controller" means the natural or legal person that, alone or jointly with others, determines the pur"Covered entity" means the same as the term is established by HIPAA.
"Controller" means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal data.
"Covered entity" means the same as the term is established by HIPAA.
"Fund" means the Consumer Privacy Fund established pursuant to § 59.1-585.
Act (§ 13.1-801 et seq.) or any organization exempt from taxation under § 501(c)(3), 501(c)(6), orn 501(c)(12) of the Internal Revenue Code, any political organization, any organization exempt from of 3 taxation under § 501(c)(4) of the Internal Revenue Code that is identified in § 52-41, and any subsidiaries and affiliates subsidiary or affiliate of entities organized pursuant to Chapter 9.1 (§ 56-231.15 et seq.) of Title 56.
"Nonprofit organization" means any corporation organized under the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.) or any organization exempt from taxation under § 501(c)(3), 501(c)(6), or 501(c)(12) of the Internal Revenue Code, any political organization, any organization exempt from taxation under § 501(c)(4) of the Internal Revenue Code that is identified in § 52-41, and any subsidiaries and affiliates subsidiary or affiliate of entities organized pursuant to Chapter 9.1 of 3 (§ 56-231.15 et seq.) of Title 56.
Advertisements directed to a consumer in response to the consumer's request for information or of 3 feedback;
Advertisements directed to a consumer in response to the consumer's request for information or feedback;
Processing personal data processed solely for measuring or reporting advertising performaEce, reach, or frequency.
Processing personal data processed solely for measuring or reporting advertising performance, reach, or frequency.
R A.
of 3 § 59.1-584.
The Attorney General shall have exclusive authority to enforce the provisions of this chaOter.
(Effective January 1, 2023) Enforcement;
civil penalty;
expenses.
A.
The Attorney General shall have exclusive authority to enforce the provisions of this chapter.
If within the 30-day period, the controller or processLr cures the violations have been cured and that no further violations shall occur, no action shall be initiEted against the controller or processor.
If within the 30-day period, the controller or processor cures the noticed violation and provides the Attorney General an express written statement that the alleged violations have been cured and that no further violations shall occur, no action shall be initiated against the controller or processor.
If a controller or processor continues to violate this chapter following the cure period in subsection B or breaches an express written statement provided to the Attorney General under that subsection, the Attorney General may initiate an action in the name of the Commonwealth and may seek violation under this chapter.
If a controller or processor continues to violate this chapter following the cure period in subsection B or breaches an express written statement provided to the Attorney General under that subsection, the Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations of this chapter and civil penalties of up to $7,500 for each violation under this chapter.
The Attorney General may recover reasonable expenses incurred in investigating and preparBng the case, including attorney fees, in any action initiated under this chapter.
The Attorney General may recover reasonable expenses incurred in investigating and preparing the case, including attorney fees, in any action initiated under this chapter.
3 right of action for violations of this chapter or under any other law.s for, or be subject to, E private 2.
E.
Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of this chapter or under any other law.
2.
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Action History

  1. Approved by Governor-Chapter 452 (effective 7/1/22)

  2. Governor's Action Deadline 11:59 p.m., April 11, 2022

  3. Enrolled Bill Communicated to Governor on March 11, 2022

  4. Signed by Speaker

  5. Impact statement from DPB (SB534ER)

  6. Signed by President

  7. Enrolled

  8. VOTE: Block Vote Passage (100-Y 0-N)

  9. Passed House BLOCK VOTE (100-Y 0-N)

  10. Read third time

  11. Read second time

  12. Reported from Commerce and Energy (22-Y 0-N)

  13. Referred to Committee on Commerce and Energy

  14. Read first time

  15. Placed on Calendar

  16. Impact statement from DPB (SB534S1)

  17. Read third time and passed Senate (38-Y 1-N)

  18. Engrossed by Senate - committee substitute SB534S1

  19. Committee substitute agreed to 22105592D-S1

  20. Reading of substitute waived

  21. Read second time

  22. Incorporates SB516 (McPike)

  23. Constitutional reading dispensed (38-Y 0-N)

  24. Committee substitute printed 22105592D-S1

  25. Reported from Finance and Appropriations with substitute (13-Y 2-N 1-A)

  26. Senate committee, floor amendments and substitutes offered

  27. Impact statement from DPB (SB534)

  28. Referred to Committee on Finance and Appropriations

  29. Prefiled and ordered printed; offered 01/12/22 22103309D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

VOTE: Block Vote Passage (100-Y 0-N)

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 99000
Total 99000
% of votes cast 100%0%0%0%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Yea
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Yea
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Commerce and Energy (22-Y 0-N)

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Adams, Les R. — Yea
Alfonso H. Lopez — Yea
Batten, Amanda E. — Yea
Byron, Kathy J. — Yea
Christopher T. Head — Yea
Don Scott — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
Israel D. O'Quinn — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Keam, Mark L. — Yea
Kory, Kaye — Yea
Lamont Bagby — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Mullin, Michael P. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Terry G. Kilgore — Yea
Tony O. Wilt — Yea

Official roll call →

Read third time and passed Senate (38-Y 1-N)

Passed 38 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 38101
Total 38101
% of votes cast 95%3%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Not Voting
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Nay
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (38-Y 0-N)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Not Voting
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations with substitute (13-Y 2-N 1-A)

Passed 13 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13201
Total 13201
% of votes cast 81%13%0%6%
How each member voted (16)
Member Party Vote
McClellan, Jennifer L. — Nay
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Not Voting
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Nay
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does SB 534 do?
Consumer Data Protection Act; enforcement; Consumer Privacy Fund. Authorizes the Attorney General to pursue actual damages to consumers to the extent they exist if a controller or processor of the personal data of Virginians continues to violate the Consumer Data Protection Act (the Act) following a 30-day cure period offered by the Attorney General or breaches an express written statement provided to the Attorney General. Political organizations and certain § 501(c)(4) organizations are classified as nonprofit organizations and thus exempt from the Act. In addition, the bill abolishes the Consumer Privacy Fund and provides that all civil penalties, expenses, and attorney fees collected from enforcement of the Act shall be deposited into the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund. This bill incorporates SB 516 and is identical to HB 714.
Who sponsors SB 534?
SB 534 is sponsored by David W. Marsden and Jeremy S. McPike.
What is the current status of SB 534?
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Where can I track SB 534?
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