Virginia

Virginia Contemplates Sweeping New Data Protection Law

by Hinshaw Law

A comprehensive data protection and privacy bill, titled the Consumer Data Protection Act, has been introduced in the Virginia state senate. With notable exceptions the proposal contains privacy and cybersecurity provisions similar to those contained in the California Consumer Privacy Act, the California Privacy Rights Act, and the E.U.’s General Data Protection Regulation.

The bill would create a number of personal data rights for consumers. Under the bill, “consumer” is defined as “a natural person who is a resident of the Commonwealth acting only in an individual or household context,” excluding persons “acting in a commercial or employment context.” Personal data means “any information that is linked or reasonably linkable to an identified or identifiable person.”

Read more: https://www.hinshawlaw.com/en/insights/privacy-cyber-and-ai-decoded-alert/virginia-contemplates-sweeping-new-data-protection-law

Virginia will allow for some criminal records to be sealed next year

by Charlotte Rene Wood, Virginia Mercury - Daily News-Record

RICHMOND — Next summer, certain people with past convictions will be eligible to apply for their criminal records to be sealed — meaning long-past convictions won’t show up on background checks.

This can help people who have been formerly incarcerated and rehabilitated get a fresh start when applying for jobs, loans or apartments. The process stems from a 2021 law that underwent several years of workshopping before its delayed implementation.

Read more: https://www.dnronline.com/news/social_issues/virginia-will-allow-for-some-criminal-records-to-be-sealed-next-year/article_b7caa350-3763-5a81-9f95-3dab93f98b47.html

Legalization of marijuana expected to have little impact on workplace

by Casey Fabris - The Roanoke Times

As July 1 nears, employers in Virginia are evaluating what the commonwealth’s legalization of marijuana for recreational use means for the workplace.

Experts say the change in the law doesn’t require major adjustments from employers, but it might prompt some to change common policies and practices, such as drug testing.

Read more: https://roanoke.com/business/local/legalization-of-marijuana-expected-to-have-little-impact-on-workplace/article_389ad3b2-d534-11eb-a3f5-5f4bf7fc52ff.html

Virginia Governor Signs Consumer Privacy Law

by Lisa Nagele-Piazza - SHRM

Gov. Ralph Northam recently signed the Virginia Consumer Data Protection Act (CDPA), which will give consumers certain rights to control how their personal data is used beginning Jan. 1, 2023.  

Virginia is the second state to pass a comprehensive data privacy law, following California. Notably, however, Virginia's legislation has a carve-out for information collected in the employment context, whereas California's law applies to some employment data.

Read more: https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/virginia-governor-signs-consumer-privacy-law.aspx