SB 361 Virginia Senate · 2024 Regular Session

Consumer Data Protection Act; protections for children.

Summary
Consumer Data Protection Act; protections for children. Prohibits, subject to a parental consent requirement, a data controller from processing personal data of a known child (i) for the purposes of targeted advertising, the sale of such personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer; (ii) unless such processing is reasonably necessary to provide the online service, product, or feature; (iii) for any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose; or (iv) for longer than is reasonably necessary to provide the online service, product, or feature. The bill prohibits, subject to a parental consent requirement, a data controller from collecting precise geolocation data from a known child unless (a) such precise geolocation data is reasonably necessary for the controller to provide an online service, product, or feature and, if such data is necessary to provide such online service, product, or feature, such controller shall only collect such data for the time necessary to provide such online service, product, or feature and (b) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such known child for the entire duration of such collection. The bill prohibits a data controller from engaging in the activities described in the bill unless the controller obtains consent from the child's parent or legal guardian in accordance with the federal Children's Online Privacy Protection Act. This bill has a delayed effective date of January 1, 2025, and is identical to HB 707.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
Senate Passage
Mar 2024
House of Delegates Passage
Mar 2024
Vetoed
Apr 2024
Introduced Jan 9, 2024 Vetoed Apr 8, 2024
Floor votes · Senate Feb 8, 2024 · House of Delegates Mar 1, 2024

How they voted

400
Passed
Total votes 40
Feb 8, 2024
D Democratic21
21 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
40
Key actions
11
Committee
9
Apr 17, 2024
Vetoed
Senate rejected Governor's recommendation (19-Y 21-N)
upper
Apr 8, 2024
Vetoed
Governor's recommendation received by Senate
upper
Mar 7, 2024
Upper · Passed
Signed by President
upper
Mar 6, 2024
Lower · Passed
Signed by Speaker
lower
Mar 6, 2024
Upper · Passed
Bill text as passed Senate and House (SB361ER)
upper
Mar 1, 2024
Lower · Passed
VOTE: Block Vote Passage (97-Y 0-N)
lower
Mar 1, 2024
Lower · Passed
Passed House BLOCK VOTE (97-Y 0-N)
lower
Feb 27, 2024
Lower · Passed
Reported from Labor and Commerce (21-Y 0-N)
lower
Feb 26, 2024
Committee
Referred to Committee on Labor and Commerce
lower
Feb 26, 2024
Committee
Referred from Communications, Technology and Innovation
lower
Feb 15, 2024
Committee
Referred to Committee on Communications, Technology and Innovation
lower
Feb 9, 2024
Upper · Passed
Passed Senate (40-Y 0-N)
upper
Feb 8, 2024
Senate · Passed
Senate Vote: pass (40-0)
senate
Feb 7, 2024
Upper · Passed
Reported from General Laws and Technology with substitute (15-Y 0-N)
upper
Feb 7, 2024
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Jan 29, 2024
Committee
Rereferred to General Laws and Technology
upper
Jan 29, 2024
Committee
Rereferred from Commerce and Labor (11-Y 0-N)
upper
Jan 9, 2024
Committee
Referred to Committee on Commerce and Labor
upper
1 primary · 1 co-sponsor

Sponsors