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Bill

Bill

SB 338

Consumer Data Protection Act; data controller responsibilities, precise geolocation data.

2026 Regular Session Introduced by Russet Perry and 1 co-sponsor

Virginia law requiring companies to limit precise geolocation data collection and establish consumer privacy protections, passed Senate unanimously with oversight committee review pending.

Approved by Governor-Chapter 820 (effective 7/1/2026)
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Bill Summary · SB 338

Legislative bill overview

SB 338 establishes data protection requirements for Virginia companies that collect consumer information, with specific restrictions on how they can use precise geolocation data. The bill imposes obligations on "data controllers"—entities that determine how personal data is collected and used—to implement safeguards and limit tracking capabilities. This legislation represents Virginia's entry into comprehensive consumer privacy regulation, similar to laws already enacted in California, Colorado, and other states.

Why is this important

Consumers generate vast amounts of location data through smartphones and connected devices, which companies can monetize or misuse. The bill directly addresses growing concerns about surveillance capitalism and unauthorized tracking. Businesses operating in Virginia will face new compliance costs and operational changes, while consumers gain statutory privacy rights they can potentially enforce.

Potential points of contention

  • Business compliance burden: Small and mid-sized companies may struggle with implementation costs and legal complexity, particularly around geolocation data segregation and consent mechanisms
  • Enforcement and private right of action: Unclear whether consumers can sue directly for violations or only the state attorney general can enforce, affecting real-world deterrent value
  • Geolocation definition ambiguity: The bill's specific restrictions on "precise geolocation data" may create loopholes through approximate location services or require ongoing regulatory interpretation

Compiled from official sources — confirm details with the bill’s official record.

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