AI Frontier Institute

Consumer Data Protection Act; social media platforms & model operators, interoperability interfaces.

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Virginia Senate Bill 85 amends the Consumer Data Protection Act (CDPA) to address social media platforms and AI deployers, focusing on data portability and interoperability. The bill amends §§ 59.1-575 and 59.1-577 and adds new § 59.1-577.2, with an effective date of July 1, 2027. Key changes include: (1) New definitions in § 59.1-575 for terms such as 'artificial intelligence system,' 'contextual data,' 'deployer,' 'general-purpose generative artificial intelligence model,' 'generative artificial intelligence system,' 'open protocol,' 'social graph data,' and 'social media platform.' (2) Amendments to § 59.1-577 expanding consumer deletion and portability rights to explicitly include social graph data held by social media platforms and contextual data held by deployers, while protecting controller trade secrets. (3) New § 59.1-577.2 requiring social media platforms to implement third party-accessible interoperability interfaces allowing users to share their social graph data with other platforms, and requiring AI deployers to implement similar interfaces for contextual data sharing with other AI models. Platforms and deployers must use open protocols (publicly available, royalty-free technical standards), maintain real-time continuous data sharing on non-discriminatory terms, obtain user consent for data sharing, disclose accurate interface information, and maintain reasonable data security practices. They may establish reasonable usage thresholds including fees. Platforms and deployers are not required to share internally generated inferences, trade secrets, proprietary algorithms, or data in proprietary formats with no available open standard, and are not required to import data or treat imported data differently from native data. Data obtained through interoperability interfaces may only be used for privacy and security protection, delivering requested services, or maintaining interoperability.

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