In The News

Five Subtle Ambiguities in Virginia’s New Privacy Law

Bloomberg Law

09 Jun 2021

Kristen Mathews was featured in a Bloomberg Law article covering her Privacy + Security Forum’s Virtual Spring Academy presentation on the areas in Virginia’s Consumer Data Protection Act (VCDPA) that could use some clarification before going into effect on January 1, 2023.

According to Kristen, one issue that needs to be addressed is related to access and data portability. The VCDPA grants consumers a right to obtain a copy of their personal data, and it specifically indicates that the copy be provided “in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance,” but this provision also includes a modifier: “where the processing is carried out by automated means.” Kristen questions whether “automated means” modifies the requirement to make the personal data portable or the overarching consumer right to access personal data.

Read the full article.

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