Virginia Health Information Consent

The source is SB754, author Virginia Senator Barbara Favola. The bill monitors birth control related searches, not only purchases, provides no limits for what can be collected, who they can sell it to, does not specify the wording of the notice, provides no opt-out, and has no enforcement mechanism. The author rejects any suggestion of change and does not want to be bothered with citizens complaining about it. Tell her what you think in November.

Orwellian privacy invasion

What the heck is this? I was minding my own business, shopping on the Walmart app, and a message pops up with this text: “Virginia Health Information Consent Virginia law requires your consent to collect or use information about your potential or actual purchase of reproductive or sexual health products or services. By viewing, searching for, or buying these products or services on our site, or using related features such as Baby Registry, you consent to our use of this information to complete your purchase, provide the requested feature, and for general analytics, operations, and fraud prevention. If you do not consent, please avoid viewing, searching for, using, or purchasing these products, services, or features.” I was not asked for my consent.  I was told that I must consent against my will, or be barred from using the app and website of the largest retailer in the country. Walmart monitoring my searches and then reporting that information to the state for unspecified and ambiguous purposes is the very definition of authoritarian abuse. It seems obvious to me that this is a precursor to criminalizing abortion and birth control in Virginia, at least. It has to be unconstitutional, and I do not see how this passed the Virginia Legislature so stealthily. Furthermore, I will delete any app or block any website that displays this notice or anything similar to it. I will boycott the retailer that displayed it for one year after the legislation is repealed.  I want to make it plain that this entire enterprise is totally unacceptable under any circumstance, and I will not tolerate it. I need an explanation for who is responsible for this, and why no one has heard about it before. I hope you are as alarmed as I am by this. You should be. Lifetime Virginia Resident, Thomas Kirby ———— SB754Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information. Committee Print 02/11/2025 House of Delegates: Reported from General Laws (12-Y 7-N) Committee: General Laws Votes YEAS--Bulova, Carr, Torian, Price, Krizek, Simon, Delaney, Bennett-Parker, Seibold, Cole, McClure, Thomas--12 NAYS--Leftwich, Morefield, Austin, Bloxom, Wiley, Campbell, Arnold--7 ABSTENTIONS--0 NOT VOTING--Knight, Fowler, Coyner--3 cy invasion————- SB754Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information. Print 02/14/2025 House of Delegates: Passed House (52-Y 43-N) Votes YEAS--Anthony, Askew, Bennett-Parker, Bulova, Callsen, Carr, Clark, Cohen, Cole, Convirs-Fowler, Cousins, Coyner, Delaney, Feggans, Gardner, Glass, Hayes, Helmer, Henson, Hernandez, Herring, Hope, Jones, Keys-Gamarra, Krizek, Laufer, LeVere Bolling, Lopez, Maldonado, Martinez, McClure, McQuinn, Mundon King, Price, Reaser, Reid, Seibold, Sewell, Shin, Sickles, Simon, Simonds, Singh, Sullivan, Taylor, Thomas, Torian, Tran, Ward, Watts, Willett, Mr. Speaker--52 NAYS--Austin, Ballard, Batten, Bloxom, Campbell, Cherry, Cordoza, Davis, Ennis, Fowler, Freitas, Garrett, Gilbert, Green, Griffin, Higgins, Hodges, Kent, Kilgore, Leftwich, Lovejoy, McNamara, Milde, Morefield, Oates, Obenshain, O'Quinn, Orrock, Owen, Phillips, Runion, Scott, P.A., Tata, Wachsmann, Walker, Ware, Webert, Wiley, Williams, Wilt, Wright, Wyatt, Zehr--43 ABSTENTIONS--0 NOT VOTING--Arnold, Earley, Knight, Marshall, Rasoul--5 Delegate Knight was recorded as not voting. Intended to vote nay. Delegate Marshall was recorded as not voting. Intended to vote nay. ————- SB754Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information. Tally Sheet PDF Print 01/24/2025 Senate: Read third time and passed Senate (21-Y 17-N) Votes YEAS--Aird, Bagby, Carroll Foy, Deeds, DeSteph, Ebbin, Favola, Hashmi, Locke, Lucas, Marsden, McPike, Pekarsky, Perry, Roem, Rouse, Salim, Srinivasan, Surovell, VanValkenburg, Williams Graves--21 NAYS--Cifers, Craig, Diggs, French, Hackworth, Head, Jordan, McDougle, Mulchi, Obenshain, Peake, Pillion, Reeves, Stanley, Stuart, Sturtevant, Suetterlein--17 RULE 36--0 NOT VOTING--Boysko, Durant--2 Senator DeSteph stated that he voted yea on the question of the passage of S.B. 754, whereas he intended to vote nay. ——— https://www.orrick.com/en/Insights/2025/05/Virginia-Enacts-Amendment-to-Protect-Reproductive-and-Sexual-Health-Privacy ——- Substack post Update, despite numerous complaints to the law’s author, Walmart and other online stores are now obfuscating the purpose of the required opt-in (which is not a choice, but an ultimatum) by using misleading text. The title remains “Virginia health” so you know it’s the same scam. I have come to the hypothesis that bilks like this are created so the author can have credit for passing a bill. The senator appears uninterested in the consequences or in amending it to repair numerous pitfalls and shortcomings. I will bet that bilks like this have a common name that is indicative of their true purpose. As a developer, I am recommending to all my clients that they ignore the so called law, as it has no enforcement provisions.