On March 21, 2023, Virginia’s governor approved Senate Bill 1040, which prohibits an employer from using an employee’s social security number or any derivative as an employee’s identification number. The bill also prohibits including an employee’s social security number or any number derived from the social security number on any identification card or badge.
Virginia’s Consumer Data Protection Act is not the only Privacy and Data Protection Law in the Commonwealth
On January 1, 2023, Virginia’s Consumer Data Protection Act (CPDA) takes effect. Key features of the CPDA include expansive consumer privacy rights (right to access, right of rectification, right to delete, right to opt-out, right of portability, right against automatic decision making), a broad definition of “personal information”, the inclusion of a “sensitive data” category
Virginia Becomes 2nd State to Enact a Comprehensive Consumer Privacy Law
On Tuesday, March 2nd, Virginia Governor Ralph Northam signed into law the Consumer Data Protection Act (CDPA), officially joining California as the second state with a comprehensive consumer privacy law, intended to enhance privacy rights and consumer protection for state residents. We provide an in-depth analysis of the CDPA here, along with
Virginia Updates its Data Breach Notification Law to Include Tax Preparers
For the second consecutive year Virginia has amended its data breach notification law. In March 2017, in light of a warning issued by the IRS to all employers regarding the resurgence of a W-2 based cyber scam, Virginia Governor Terry McAuliffe approved, a first of its kind, amendment to Virginia’s data breach notification statute.
Virginia Responds to W-2 Phishing Scams with First of Its Kind Notification Requirement
As previously highlighted, in early February, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. Since the IRS warning, this type of scam has taken numerous victims. On February 15, 2017, Virginia Wesleyan College released a notice stating that the 2016 W-2 tax form information of
Virginia Joins List of States Limiting Employer Access to Social Media Accounts
Recently, Virginia Gov. Terry McAuliffe (D) signed a bill that limits employer access to the personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015 prohibits employers in Virginia from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the
“Liking” A Facebook Page Is Not Protected By The First Amendment
A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection.
Sheriff B.J. Roberts of the Hampton