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State Consumer Privacy Act Frequently Asked Questions - (FAQ)
The Virginia Consumer Data Protection Act (the “VCDPA”) provides certain privacy rights to Virginia consumers regarding their personal data. These frequently asked questions (“FAQs”) provide general consumer information about the VCDPA. For more information about our overall privacy practices, including those relevant to you as a Virginia consumer, please visit our Your Privacy Rights and State Consumer Privacy Rights pages.
What is the Virginia Consumer Data Protection Act (“VCDPA”)?
The Virginia Consumer Data Protection Act (“VCDPA”) is a consumer privacy law that took effect on January 1, 2023. The VCDPA provides certain privacy rights to Virginia consumers (residents) regarding their personal data, including:
- The right to know and access what personal data a business has collected about them and how it is used and shared;
- The right to delete their personal data;
- The right to correct inaccurate personal data;
- The right to opt-in to the processing of sensitive data,
- The right to opt-out of the of the processing of personal data for targeted advertising purposes, the sale of personal data, and profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer;
- The right to receive a portable copy of the personal data previously provided to the business;
- The right to appeal a business’s refusal to take action on a consumer’s request to exercise their other rights; and
- The right to non-discrimination and equal service for exercising their consumer data rights.
Who is a “consumer” under the VCDPA?
- The VCDPA defines consumers as Virginia residents acting in an individual or household context. It does not include a natural personal acting in a commercial or employment context.
What type of information is covered under VCDPA?
- The VCDPA applies to both “personal data” and “sensitive data” about consumers.
- “Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person; it does not include de-identified data or publicly available information.
- “Sensitive data” includes personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; the personal data collected from a known child (younger than 13 years of age); or precise geolocation data (i.e., specific location of a specific person within a radius of 1,750 feet).
How can I opt out of the sale of my personal information?
- Under VCDPA, a “sale” is the exchange of personal data for monetary consideration by the data controller to a third party, but does not include certain disclosures made by a business to a service provider, corporate affiliate, or as part of an asset in a merger. Please visit Spectrum’s Privacy Preferences page to manage your privacy preferences, including exercising your right to opt-out of the sale of personal data under VCDPA.
How do I opt-out of the use of my personal data for purposes of targeted advertising?
- Spectrum offers many choices to help you manage your privacy and ensure that you have meaningful choice and control over how we use your data, including those consumer choices under the VCDPA. You can manage your privacy preferences by visiting our Privacy Preferences page.
How do I opt-out of the use of my personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer (including automated decision making)?
- Spectrum offers many choices to help you manage your privacy and ensure that you have meaningful choice and control over how we use your data, including those consumer choices under the VCDPA. You can manage your privacy preferences by visiting our Privacy Preferences page.
How do I exercise my Virginia privacy rights?
- If you are Virginia resident, you can submit a consumer request by visiting our online request page at https://privacy.spectrum.net.
When should I expect to receive a response to my consumer request?
- Under VCDPA, Spectrum has forty-five (45) days in which to respond to a consumer’s request. In some instances, Spectrum may need additional time to complete your request. The VCDPA permits Spectrum to seek a one-time extension for an additional forty-five (45) days, for up to a total of ninety (90) days. In the event Spectrum needs additional time, we will notify you of the need for an extension within the initial forty-five (45) day period.
Can Spectrum deny my request to delete personal data?
- The VCDPA grants Virginia consumers the right to submit a consumer request that a business delete their personal data. Spectrum may decline a consumer’s request to delete when such information is necessary to comply with law, investigate and defend legal claims, fraud or the security of Spectrum or others, provide you with a product or service you requested, or for public or peer-reviewed scientific or statistical research in the public interest, or if the information is not subject to VCDPA, such as for (1) government agencies and authorities, (2) financial institutions subject to the GLBA, (3) “covered entities” or “business associates” regulated by HIPAA and HITECH, (4) nonprofit organizations, and (5) institutions of higher education.
How will I know when my request for access, correction, or deletion has been completed under VCDPA?
- For access and portability requests, you will receive an email that will contain instructions on how you can view and or download your personal information file. For all other requests, the email will contain the results of the request.
How does an authorized agent submit a consumer request for access or deletion on behalf of a Virginia consumer?
- Visit our online request page dedicated to authorized agent requests at Consumer Authorized Agent Consumer Request. Valid documentation, such as a valid power of attorney, reflecting that you are authorized to act on behalf of a Virginia consumer must be provided with your submission.
How can I appeal Spectrum’s decision on my consumer request under VCDPA?
- The VCDPA provides to consumers the right to appeal a data controller’s refusal to take action on a consumer’s request to exercise their other rights.
- To appeal Spectrum’s decision, visit our online request page at https://privacy.spectrum.net, and select the “Appeal a request” option.
