Virginia’s privacy law vs. California’s and which state might be next

A private right of action can give private citizens the right to sue, rather than the government.

Under Virginia’s law, the state attorney general is given exclusive authority to enforce the law, which is set to become effective Jan. 1, 2023.

“[In] Virginia, individuals would not be able to pursue their own civil claims under the law,” noted Michelle Cohen, practice group leader for the data privacy and cybersecurity group at the law firm Ifrah Law PLLC, in an interview. “It would have to come from the attorney general’s office enforcing it,” she added.