Privacy Law Library

Virginia Consumer Protection Act, reproductive or sexual health information

VCPA reproductive health

Health · Location

Makes it a prohibited practice under the Virginia Consumer Protection Act to obtain, disclose, sell, or disseminate personally identifiable reproductive or sexual health information without the consumer's consent. 'Consent' borrows the VCDPA's opt-in definition, and the protected information includes location data suggesting an attempt to obtain reproductive or sexual health services.

Where
Virginia
Citation
Va. Code § 59.1-200(A)(85); definitions in § 59.1-198; remedies §§ 59.1-203, 59.1-204, 59.1-206
Status
In force
In force since
2025-07-01
Enforced by
Virginia Attorney General, attorneys for the Commonwealth, and local attorneys (59.1-203, 59.1-206); consumers via private action (59.1-204)
People can sue
Yes
Penalties
Private action for actual damages or $500, whichever is greater, up to treble damages or $1,000 if willful, plus attorney fees (59.1-204); civil penalties up to $2,500 per willful violation in public enforcement (59.1-206).
Applies to
  • Suppliers in consumer transactions under the Virginia Consumer Protection Act, with no revenue or volume threshold; does not apply to nonpublic personal information subject to Gramm-Leach-Bliley (59.1-200(A)(85))

Practices it requires

  • Do not obtain, disclose, sell, or disseminate personally identifiable reproductive or sexual health information without the consumer's consent.Va. Code § 59.1-200(A)(85)

Other duties

  • Covered information includes efforts to research or obtain reproductive or sexual health services or supplies, including location information that may indicate such an attempt, and conditions such as pregnancy and menstruation.Va. Code § 59.1-198
  • Consent means the same as under the VCDPA (clear, affirmative, specific, informed, unambiguous agreement).Va. Code § 59.1-198; 59.1-575

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.