Are Data Privacy Policies and Procedures Obligations confusing you?

Here are some simple facts and guidelines for Virginia. There were approximately 730,000 individuals affected by Data Breaches in 2022 in the State of Virginia.

If you Experience a Data Breach here is a general Template for how the process will play out:

1 – Notification of affected individuals: Virginia law requires businesses and organizations to notify affected individuals in the event of a data breach. The notification must include information about the types of information that were exposed, the steps being taken to investigate the breach, and any measures being taken to protect affected individuals from identity theft or other harm.

2 – Notification of the Virginia Attorney General’s office: Businesses and organizations must also notify the Virginia Attorney General’s office of any data breaches that affect more than 1,000 Virginia residents. The notification must include information about the scope and nature of the breach, the steps being taken to investigate and mitigate the breach, and any assistance being offered to affected individuals.

3 – Investigation and remediation: After a data breach occurs, businesses and organizations are typically required to conduct an investigation to determine the cause and extent of the breach, and to take steps to remediate any vulnerabilities or weaknesses in their data security practices.

4 – Possible fines and penalties: Depending on the severity and cause of the breach, businesses and organizations that experience data breaches in Virginia may be subject to fines and penalties from the Virginia Attorney General’s office. These penalties can vary depending on the number of individuals affected, the types of information exposed, and the steps taken to mitigate the harm caused by the breach. 

Shred Instead’s “SI Protection Program” can help you put the correct Policies and Procedures in place to not only help prevent a Data Breach but also put a plan in place in the event a Breach occurs and show compliance with the Statutes and Laws found here.

Statutes and Laws

  • Virginia Consumer Data Protection Act (CDPA): This law, which went into effect on January 1, 2023, This Bill applies to persons that conduct business in the Commonwealth or produce products or services that are targeted to residents of the Commonwealth and that (i) during a calendar year, control or process personal data of at least 100,000 consumers or (ii) control or process personal data of at least 25,000 consumers and derive over 50 percent of gross revenue from the sale of personal data. The bill outlines responsibilities and privacy protection standards for data controllers and processors. 
  • Virginia’s Privacy Protection Act (VPPA): This law regulates the collection, use, and disclosure of personal information obtained by video and audio rental businesses. It prohibits the disclosure of personal information obtained from rental records without the written consent of the consumer.
  • Virginia’s Data Breach Notification Law: This law requires businesses to notify consumers if their personal information has been compromised in a security breach. It also requires businesses to implement and maintain reasonable security procedures to protect consumer data.
  • Virginia’s Financial Institution Privacy Protection Act: This law regulates the collection, use, and disclosure of personal information by financial institutions. It requires financial institutions to obtain customer consent before sharing personal information with third parties.
  • Virginia’s Health Records Privacy Act: This law protects the privacy of medical records and requires healthcare providers and insurers to obtain patient consent before disclosing medical information to third parties.
  • Virginia Personal Information Privacy Act (PIPA): This law requires businesses to take reasonable steps to safeguard personal information, including Social Security numbers, driver’s license numbers, and financial account numbers. It also requires businesses to provide notice to affected individuals in the event of a data breach.
  • Virginia Breach of Personal Information Notification Act: This law requires businesses to provide notice to individuals in the event of a data breach that affects their personal information.