Virginia Code 59.1-581: (Effective January 1, 2023) Processing de-identified data; exemptions
A. The controller in possession of de-identified data shall:
Terms Used In Virginia Code 59.1-581
- Consumer: means a natural person who is a resident of the Commonwealth acting only in an individual or household context. See Virginia Code 59.1-575
- Controller: means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal data. See Virginia Code 59.1-575
- De-identified data: means data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to such person. See Virginia Code 59.1-575
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Personal data: means any information that is linked or reasonably linkable to an identified or identifiable natural person. See Virginia Code 59.1-575
- Processor: means a natural or legal entity that processes personal data on behalf of a controller. See Virginia Code 59.1-575
- Pseudonymous data: means personal data that cannot be attributed to a specific natural person without the use of additional information, provided that such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person. See Virginia Code 59.1-575
- Third party: means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller. See Virginia Code 59.1-575
1. Take reasonable measures to ensure that the data cannot be associated with a natural person;
2. Publicly commit to maintaining and using de-identified data without attempting to re-identify the data; and
3. Contractually obligate any recipients of the de-identified data to comply with all provisions of this chapter.
B. Nothing in this chapter shall be construed to (i) require a controller or processor to re-identify de-identified data or pseudonymous data or (ii) maintain data in identifiable form, or collect, obtain, retain, or access any data or technology, in order to be capable of associating an authenticated consumer request with personal data.
C. Nothing in this chapter shall be construed to require a controller or processor to comply with an authenticated consumer rights request, pursuant to § 59.1-577, if all of the following are true:
1. The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;
2. The controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data, or associate the personal data with other personal data about the same specific consumer; and
3. The controller does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted in this section.
D. The consumer rights contained in subdivisions A 1 through 4 of § 59.1-577 and § 59.1-578 shall not apply to pseudonymous data in cases where the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing such information.
E. A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any breaches of those contractual commitments.