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VA HB654

VA HB654
Consumer Data Protection Act; definition of "biometric data"; consent required for processing.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead
03/14/2026

Introduced Session

2026 Regular Regular Session

Bill Summary

Consumer Data Protection Act; definition of "biometric data"; consent required for processing biometric data. Provides that, under the Consumer Data Protection Act, no consumer, controller, processor, or affiliate of the controller or processor shall process biometric data, defined separately in the bill, concerning an individual without obtaining the individual's consent, or, in the case of the processing of biometric data concerning a known child, without processing such data in accordance with the federal Children's Online Privacy Protection Act.

AI Summary

This bill, the Consumer Data Protection Act, introduces new rules for handling specific types of personal information, particularly "facial data," which is defined as information derived from automatic measurements of an individual's face used for identification, including facial mapping, geometry, or templates, and can come from photographs or videos. It also covers data related to eye retinas or irises. Under this bill, no company or its affiliates (referred to as controllers or processors) can process this sensitive biometric data about a consumer without first getting that consumer's explicit permission. For children, if their biometric data is processed, it must comply with the federal Children's Online Privacy Protection Act (COPPA), a law designed to protect children's online privacy. The bill also provides exemptions, stating it does not apply to air carriers regulated under federal aviation law, and any provisions preempted by federal law concerning national security, healthcare, or other matters will not be enforced until those federal laws or agreements end.

Committee Categories

Business and Industry

Sponsors (11)

Last Action

Left in Committee Communications, Technology and Innovation (on 02/18/2026)

bill text


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