HB 2043

Abstract

Consumer Data Protection Act; user-generated content protected; civil penalty. Requires controllers and processors to provide consumers with a privacy notice that applies to the consumers' user-generated content, defined in the bill, under the Consumer Data Protection Act and requires that any secondary use, defined in the bill, of personal data or user-generated content be consented to by the consumer. The bill requires a controller or processor, upon request by a consumer, to provide such consumer with a report that describes how the consumer's personal data or user-generated content was processed over the prior 12 months. The bill increases from $7,500 to $15,000 the maximum civil penalties for violations and allows civil penalties of up to $22,500 per violation for repeated noncompliance or egregious violations. The bill also allows a consumer who suffers a loss due to a violation to bring a private right of action against a controller or processor.

A BILL to amend and reenact §§ 59.1-575, 59.1-578, and 59.1-584 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 59.1-579.1 and 59.1-579.2, relating to Consumer Data Protection Act; user-generated content protected; civil penalty.