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Can I collect geolocation data from participants in Virginia? What are the requirements?
Yes, you can collect geolocation data from participants in Virginia if you are a permit holder for a sports betting platform. However, you must follow specific requirements outlined in 11 VAAC 5-70-280. According to this section, the sports betting platform must utilize a geofencing system to reasonably detect the physical location of an individual attempting to access the sports betting platform and place an internet sports betting wager. The geofencing system must ensure that an individual is located within the permitted boundary when placing an internet sports betting wager and must be equipped to dynamically monitor the individual’s location and block unauthorized attempts to place an internet sports betting wager when an individual is not within the permitted boundary. Permit holders must also keep their geolocation system up to date and integrate current solutions in real-time that can detect the use of remote desktop software, rootkits, virtualization, or any other programs identified by the director as having the ability to circumvent geolocation measures. At least every 90 days, the integrity of the geolocation system shall be reviewed by the permit holder to ensure that the system detects and mitigates existing and emerging location fraud risks [1.2].
Note that permit holders must comply with all applicable state and federal requirements for data security, including not sharing information that could be used to personally identify a sports bettor with any third party other than the department, law enforcement with a warrant or subpoena, or a credit-reporting agency, except when a better provides consent. Permit holders must also take commercially and technologically reasonable measures to verify a sports bettor’s identity and prevent one sports bettor from acting as a proxy for another. Such measures shall include the use of geolocation technologies to prevent simultaneous logins to a single account from geographically inconsistent locations [1.4][1.7].
Source(s):
- [1.2] Use of official league data
- [1.4] Security of funds and data
- [1.7] Limitations on user accounts
Jurisdiction
Virginia