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.
Virginia AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
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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