Can I use customer data for marketing purposes without violating privacy laws in Virginia? What are the requirements?

Requirements for using customer data for marketing purposes in Virginia

Based on the context documents, there are specific requirements for using customer data for marketing purposes in Virginia.

According to VACV 38.2-605, an insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction. This means that if you are an insurance institution or agent, you must clearly specify the questions that are designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.

Additionally, VACV 2.2-3806 requires any agency maintaining personal information to inform an individual who is asked to supply personal information about himself whether he is legally required, or may refuse, to supply the information requested, and also of any specific consequences that are known to the agency of providing or not providing the information. The agency must also give notice to a data subject of the possible dissemination of part or all of this information to another agency, nongovernmental organization or system not having regular access authority, and indicate the use for which it is intended, and the specific consequences for the individual, which are known to the agency, of providing or not providing the information.

Furthermore, VACV 59.1-443 provides exceptions to the collection, disclosure, or display of social security numbers and personal identifying information. It states that information gathered for purposes of extending credit or the recording and sale, rental, exchange or disclosure to others of information obtained from any public body as defined in the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) is exempted from the requirements.

In addition to the above, VACV 2.2-3803 requires any agency maintaining an information system that includes personal information to collect, maintain, use, and disseminate only that personal information permitted or required by law to be so collected, maintained, used, or disseminated, or necessary to accomplish a proper purpose of the agency. The agency must also establish appropriate safeguards to secure the system from any reasonably foreseeable threat to its security.

Conclusion

Based on the above requirements, you can use customer data for marketing purposes in Virginia as long as you clearly specify the questions designed to obtain information solely for marketing or research purposes, inform the individual of the possible dissemination of the information, comply with the exceptions provided in VACV 59.1-443, collect, maintain, use, and disseminate only that personal information permitted or required by law to be so collected, maintained, used, or disseminated, or necessary to accomplish a proper purpose of the agency, and establish appropriate safeguards to secure the system from any reasonably foreseeable threat to its security.

Jurisdiction

Virginia

• General