Technology

A BILL to amend and reenact § 59.1-284.42 of the Code of Virginia, relating to Cloud Computing Cluster Infrastructure Grant Fund; performance agreement.

Virginia Fair Housing Law; Virginia Residential Property Disclosure Act; Virginia Residential Landlord and Tenant Act; personalized algorithmic pricing disclosures; prohibitions; civil penalties; civil actions. Prohibits, for purposes of the Virginia Fair Housing Law and the Virginia Residential Landlord and Tenant Act (VRLTA), certain discriminatory uses of protected class data, defined in the bill, in the sale or rental of a dwelling. The bill requires, when applicable, disclosure of the use of personalized algorithmic pricing, defined in the bill, for purposes of the Virginia Residential Property Disclosure Act and the VRLTA. Under the VRLTA, the bill prohibits a landlord from facilitating an agreement between or among two or more landlords to not compete with respect to any dwelling unit, including by operating or licensing software, a data analytics service, or an algorithmic device that performs a coordinating function, defined in the bill, on behalf of or between and among such landlords. The bill also prohibits a landlord and a multiple listing service, defined in the bill, from setting or adjusting rent prices, rental agreement terms, occupancy levels, or other rental agreement terms and conditions in one or more of his dwelling units based on recommendations from software, a data analytics service, or an algorithmic device performing a coordinating function. The bill allows the Attorney General to seek an injunction and civil penalties to restrain certain violations of the bill and allows any injured individual to bring a civil action to recover the greater of actual or statutory damages and reasonable attorney fees.

Consumer Data Protection Act; prohibitions and duties relating to minors. Prohibits a controller of an online service, product, or feature from entering into certain agreements with a known minor, unless such controller obtains verified consent from the minor's parent as specified in the bill. The bill imposes certain duties on a controller of an online service, product, or feature related to advertising, algorithm use, and reasonable care toward known minors. The bill expands the consumer rights of a parent to minors and adds a provision allowing a parent to obtain a copy of the minor's data. Current law offers certain consumer rights to the parents of children younger than age 13. The bill has a delayed effective date of January 1, 2027.

Consumer Data Protection Act; online device pricing; prohibition. Provides that no controller or processor shall, in connection with a consumer transaction, generate, in whole or in part, a price offered to a consumer through the consumer's online device based on (i) the hardware or hardware state of the online device, as those terms are defined in the bill, (ii) the presence or absence of any software on the online device, or (iii) precise geolocation data of the online device when used to set a price based on inferences about the consumer made from such data. The bill provides for exemptions in certain instances.