                                 CODE OF VIRGINIA

PROCESSING DE-IDENTIFIED DATA; EXEMPTIONS (§ 59.1-581)

A. The controller in possession of de-identified data shall:

   1. Take reasonable measures to ensure that the data cannot be associated with
   a natural person;

   2. Publicly commit to maintaining and using de-identified data without
   attempting to re-identify the data; and

   3. Contractually obligate any recipients of the de-identified data to comply
   with all provisions of this chapter.

B. Nothing in this chapter shall be construed to (i) require a controller or
processor to re-identify de-identified data or pseudonymous data or (ii)
maintain data in identifiable form, or collect, obtain, retain, or access any
data or technology, in order to be capable of associating an authenticated
consumer request with personal data.

C. Nothing in this chapter shall be construed to require a controller or
processor to comply with an authenticated consumer rights request, pursuant to
§ 59.1-577, if all of the following are true:

   1. The controller is not reasonably capable of associating the request with
   the personal data or it would be unreasonably burdensome for the controller to
   associate the request with the personal data;

   2. The controller does not use the personal data to recognize or respond to
   the specific consumer who is the subject of the personal data, or associate
   the personal data with other personal data about the same specific consumer;
   and

   3. The controller does not sell the personal data to any third party or
   otherwise voluntarily disclose the personal data to any third party other than
   a processor, except as otherwise permitted in this section.

D. The consumer rights contained in subdivisions A 1 through 4 of &#xA7;
59.1-577 and &#xA7; 59.1-578 shall not apply to pseudonymous data in cases where
the controller is able to demonstrate any information necessary to identify the
consumer is kept separately and is subject to effective technical and
organizational controls that prevent the controller from accessing such
information.

E. A controller that discloses pseudonymous data or de-identified data shall
exercise reasonable oversight to monitor compliance with any contractual
commitments to which the pseudonymous data or de-identified data is subject and
shall take appropriate steps to address any breaches of those contractual
commitments.

HISTORY: 2021, Sp. Sess. I, cc. 35, 36.