Virginia Consumer Data Protection Act - Profiling Provisions
In effect since
Overview
Grants Virginia consumers the right to opt out of profiling in furtherance of decisions that produce legal or significant effects.
This is a privacy law with automated decision-making provisions.
Who this applies to
This regulation applies to companies that use or deploy AI tools and systems built by other vendors. If your company uses AI-powered products in the areas listed below, this regulation may apply to you.
AI categories covered
- Consumer-facing AI
- Automated decision-making
- Algorithmic profiling
Specific AI use cases:
- Customer profiling and segmentation
What this requires you to do
Consumer opt-out required
Provide an opt-out mechanism. Consumers must be able to opt out of automated decision-making.
Profiling disclosure required
Disclose profiling activities. Inform consumers when you use their data for profiling purposes.
ADM impact assessment required
Conduct an ADM impact assessment. Evaluate how your automated decision-making affects consumers.
Enforcement and penalties
Up to $7,500 per violation. Enforced by Virginia AG.
Source
Read the full text
https://law.lis.virginia.gov/vacodefull/title59.1/chapter53/
Always verify current language and amendments at the official source.
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