ROANOKE, Va. – Virginians shopping online at Walmart may have noticed a new pop-up warning them about how their reproductive health data is tracked. It’s the result of a new state law designed to protect personal privacy, and more retailers are expected to follow suit.
The law, part of the Virginia Consumer Protection Act, took effect on July 1 and specifically restricts companies from collecting or selling personally identifiable reproductive or sexual health data without a consumer’s consent.
While pop-ups about cookies and data tracking are common across websites, Walmart’s recent notice is catching shoppers’ attention for what it singles out. The disclaimer alerts customers in Virginia that if they view or purchase reproductive or sexual health products, like condoms, birth control, or menstrual items, they are agreeing to let the company use that information.
Virginia Senate Majority Leader Scott Surovell, D-Fairfax, and Senator Barbara Favola, D-Arlington, have long supported efforts to strengthen privacy protections. Favola, the sponsor of Senate Bill 754, says the legislation aims to increase transparency around how sensitive health data is collected and shared.
“I have always been an advocate for personal privacy, and I think there’s nothing more private than the purchases an individual makes, especially in the reproductive health care or the sexual health care space,” Favola said.
“Companies have been buying and selling information about people, including their contraceptive purchases, if they go to clinics or see an obstetrician, for years,” Surovell said. “And now what the Virginia legislature is doing is requiring these companies to obtain people’s affirmative consent before they’re allowed to do it.”
Walmart is among the first to respond publicly with a policy change and other retailers may not be far behind. For Roanoke shopper, Alicia Barbour, the alert was enough to reconsider her online habits.
“If they’re collecting my information just because I’m searching certain products, then I’d rather shop in-store,” Barbour said.
The measure was partly driven by concerns that out-of-state officials could use consumer data to pursue abortion-related prosecutions.
“I was concerned that out-of-state prosecutors might try to use data they can purchase from private businesses and brokers to reverse engineer women purchasing either contraception or obtaining abortion services out of their states, to figure out who to prosecute,” Surovell said.
Walmart’s message suggests shoppers who don’t want their health data used, should avoid viewing or purchasing reproductive or sexual health products online. Privacy advocates say that puts the burden back on consumers. And say companies should stop collecting the data altogether.
“Before you know it you’ve given your whole life history just to buy something simple,” said Roanoke shopper, Sherman Witcher.
Favola told 10 News she will monitor how companies respond to the law and may propose revisions to help streamline compliance, while still ensuring consumer protections.