RICHMOND, Va. — A new Virginia law requires retailers to disclose when they collect data on reproductive and sexual health searches and purchases.
Virginians shopping online at Walmart are now seeing an unexpected message when they visit the retailer's website. A new pop-up warns customers that the company is collecting data when they search for reproductive or sexual health products and even baby registries.
The message appears because Walmart is complying with a new Virginia law that took effect July 1. The legislation aims to protect reproductive and sexual health information by requiring companies to disclose if they are collecting or selling this information.
The pop-up requires Virginia shoppers to consent to the collection of their health data specifically related to searches for sexual and reproductive health products before they can continue using the site. If customers don't consent, the message advises them to avoid viewing, searching for, using or purchasing these products, services or features.
"It's just weird to me," said Jessica Oliver, a shopper interviewed about the new notification.
Another woman, who wished to remain anonymous, questioned the practice: "Why? That's all I want to know. Why?"
The change comes after Virginia lawmakers passed legislation aimed at protecting people's privacy regarding reproductive and sexual health information. Many websites collect personal details to customize user experience and deliver targeted ads, but under the new law, businesses must now get consumer consent before collecting or using data tied to searches or purchases of items like birth control, pregnancy tests or abortion medication.
"Why do they need it?" Oliver asked.
"I don't want everybody knowing my business out there," the anonymous woman said.
The law responds to growing concerns from lawmakers who want sensitive health information to remain private, especially as access to contraception and abortion continues to shift across the country. Some lawmakers fear this kind of data could be used to prosecute someone for obtaining abortion medication in another state.
Other retailers have taken different approaches to comply with the new requirements. CVS displays a general data collection warning that appears at the bottom of the screen when customers visit their website. Costco sent an email to customers and listed its health data collection policy on their website.
When asked if the new notifications would change their shopping preferences, the anonymous woman said, "Now, yes."
"I don't think there's nothing we could really do about it. It's not like we can't stop buying these things," Oliver said.
The pop-up is giving consumers more to consider as they learn about how businesses collect and use their information based on browser settings.
"In the back of my mind it's oh, they basically know me," Oliver said.
"My privacy is my privacy," the anonymous woman added.
For those concerned about data tracking, the Federal Trade Commission recommends using ad blockers, adjusting browser privacy settings, and checking each site's cookie notice for opt-out options.
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