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Virginia: House bill to amend CDPA right to deletion approved by House and Senate

House Bill ('HB') 381 to amend the Virginia Consumer Data Protection Act ('CDPA') with respect to the right to deletion was approved, with a substitute of the bill through HB 381ER, on 25 February 2022, by both the State Senate and House of Delegates, following its consideration and passage in the State Senate

In particular, HB 381ER would add a Subsection 5 to Section 59.1-577(B) of the CDPA, which would provide that controllers obtaining consumers' personal data from a source other than the consumer will be deemed in compliance with a consumer's request to delete such data by either:

  • retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring that the consumer's personal data remains deleted from the business's records, and that they do not use such retained data for any other purpose; or
  • opting the consumer out of the processing of such personal data for any purpose except for those exempted under the CDPA. 

The bill is now due to be sent to the Virginia Governor for consideration.

You can read HB 381ER here and track its progress here.