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HB 654

Consumer Data Protection Act; definition of "biometric data"; consent required for processing.

2026 Regular Session Introduced by Bonita Anthony and 8 co-sponsors

Virginia bill requiring companies to define biometric data and obtain explicit consumer consent before processing fingerprints, facial recognition, and similar biological identifiers.

Subcommittee recommends laying on the table (7-Y 3-N)
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WeVote Research Nonpartisan
Bill Summary · HB 654

Legislative bill overview

HB 654 would establish consumer data protection requirements in Virginia, specifically defining "biometric data" and mandating that companies obtain explicit consent before processing such data. The bill appears designed to regulate how businesses collect, use, and store sensitive biological identifiers like fingerprints, facial recognition data, and iris scans.

Why is this important

Biometric data is permanent and cannot be changed if compromised, making unauthorized collection or breaches particularly concerning for consumers. As facial recognition and biometric authentication become more common in commerce, employment, and law enforcement, clarifying legal protections and consent requirements affects both consumer privacy rights and business compliance obligations.

Potential points of contention

  • Definition scope: Disagreement over what qualifies as "biometric data" could affect which companies must comply and what data collection practices require consent
  • Consent mechanics: Whether "explicit consent" means opt-in only (more protective) versus opt-out alternatives, and how granular consent options must be
  • Business burden vs. privacy protection: Companies may argue compliance costs are high, particularly for small businesses, while privacy advocates may argue protections are insufficient or have too many exemptions

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

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