Privacy & Cybersecurity Law Blog

On March 24, 2025, Virginia Governor Youngkin signed into law S.B. 754, Virginia Consumer Protection Act (“VCPA”).

The law defines “reproductive or sexual health information” as “information relating to the past, present, or future reproductive or sexual health” of a Virginia consumer, including:

1. Efforts to research or obtain reproductive or sexual health information services or supplies, including location information that may indicate an attempt to acquire such services or supplies;
2. Reproductive or sexual health conditions, status, diseases, or diagnoses, including pregnancy, menstruation, ovulation, ability to conceive a pregnancy, whether an individual is sexually active, and whether an individual is engaging in unprotected sex;
3. Reproductive and sexual health-related surgeries and procedures, including termination of a pregnancy;
4. Use or purchase of contraceptives, birth control, or other medication related to reproductive health, including abortifacients;
5. Bodily functions, vital signs, measurements, or symptoms related to menstruation or pregnancy, including basal temperature, cramps, bodily discharge, or hormone levels;
6. Any information about diagnoses or diagnostic testing, treatment, or medications, or the use of any product or service relating to the matters described above; and
7. Any information described above that is derived or extrapolated from non-health-related information such as proxy, derivative, inferred, emergent, or algorithmic data.

“Reproductive or sexual health information” does not include protected health information under HIPAA, health records for the purposes of Title 32.1, or patient-identifying records for the purposes of 42 U.S.C. § 290dd-2.

These amendments to the VCPA will take effect on July 1, 2025.