Consumer Data Protection Act; establishes a framework for controlling and processing personal data. (SB1392)

Introduced By

Sen. Dave Marsden (D-Burke) with support from co-patrons Del. Cliff Hayes (D-Chesapeake), Del. Suhas Subramanyam (D-Sterling), Sen. Jennifer Boysko (D-Herndon), and Sen. Siobhan Dunnavant (R-Henrico)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Consumer Data Protection Act. Establishes a framework for controlling and processing personal data in the Commonwealth. The bill applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The bill outlines responsibilities and privacy protection standards for data controllers and processors. The bill does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law. The bill grants consumer rights to access, correct, delete, and obtain a copy of personal data and to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling of the consumer. The bill provides that the Attorney General has exclusive authority to enforce violations of the law, and the Consumer Privacy Fund is created to support this effort. The bill directs the Joint Commission on Technology and Science to establish a work group to review the provisions of this act and issues related to its implementation, and to report on its findings by November 1, 2021. The bill has a delayed effective date of January 1, 2023. This bill is identical to HB 2307. Read the Bill »


03/02/2021: signed by governor


01/13/2021Prefiled and ordered printed; offered 01/13/21 21102919D
01/13/2021Referred to Committee on General Laws and Technology
01/22/2021Impact statement from DPB (SB1392)
01/27/2021Senate committee, floor amendments and substitutes offered
01/27/2021Committee substitute printed 21103367D-S1
01/27/2021Reported from General Laws and Technology with substitute (13-Y 0-N 1-A) (see vote tally)
01/27/2021Rereferred to Finance and Appropriations
02/01/2021Impact statement from DPB (SB1392S1)
02/03/2021Senate committee, floor amendments and substitutes offered
02/03/2021Reported from Finance and Appropriations with amendments (16-Y 0-N) (see vote tally)
02/03/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2021Read second time
02/04/2021Reading of substitute waived
02/04/2021Committee substitute agreed to 21103367D-S1
02/04/2021Reading of amendments waived
02/04/2021Committee amendments agreed to
02/04/2021Engrossed by Senate - committee substitute with amendments SB1392ES1
02/04/2021Printed as engrossed 21103367D-ES1
02/05/2021Impact statement from DPB (SB1392ES1)
02/05/2021Read third time and passed Senate (36-Y 0-N 1-A) (see vote tally)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee on Communications, Technology and Innovation
02/08/2021Continued to Special Session 1 in Communications, Technology and Innovation
02/15/2021House committee, floor amendments and substitutes offered
02/15/2021Reported from Communications, Technology and Innovation with substitute (18-Y 3-N) (see vote tally)
02/15/2021Committee substitute printed 21200213D-H1
02/17/2021Impact statement from DPB (SB1392H1)
02/17/2021Read second time
02/18/2021Read third time
02/18/2021Committee substitute agreed to 21200213D-H1
02/18/2021Engrossed by House - committee substitute SB1392H1
02/18/2021Passed House with substitute (89-Y 9-N)
02/18/2021VOTE: Passage (89-Y 9-N) (see vote tally)
02/19/2021House substitute agreed to by Senate (36-Y 2-N)
02/19/2021Reconsideration of House substitute agreed to by Senate (39-Y 0-N)
02/19/2021House substitute agreed to by Senate (32-Y 7-N)
02/19/2021Title replaced 21200213D-H1
02/24/2021Bill text as passed Senate and House (SB1392ER)
02/24/2021Impact statement from DPB (SB1392ER)
02/24/2021Signed by President
02/25/2021Signed by Speaker
02/26/2021Enrolled Bill Communicated to Governor on February 26, 2021
02/26/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/02/2021G Approved by Governor-Chapter 36 (effective - see bill)
03/02/2021G Acts of Assembly Chapter text (CHAP0036)
03/02/2021G Approved by Governor-Chapter 36 (effective - 1/1/23)