Walmart rewords Virginia pop-up tying condom searches to data consent
Why it matters: The message raised questions from some shoppers and a state senator about how major retailers are interpreting and complying with the new reproductive health privacy protections in Virginia.
State of play: Those protections, which took effect July 1, are part of a law that bans the collection or sale of identifiable reproductive health data without explicit consent from the consumer.
That information can be related to buying birth control, condoms and pregnancy tests. But Virginians will see the Walmart pop-up simply by being on the website.
Catch up quick: Walmart's original message said that viewing such products on its site means you consent to sharing your data.
While that language has been scaled back, the retail giant's new wording still suggests Virginians who use the site are automatically consenting to having limited information collected since there's no opt-out option.
The new law doesn't explicitly require businesses to offer an opt-out.
Zoom in: State Sen. Barbara Favola, who sponsored the law, called Walmart's initial message " over-encompassing" earlier this month, but she told Axios on Friday that the new pop-up is "a warmer version."
She said a workgroup will submit changes refining the law next year.
Walmart spokesperson Marilee McInnis told Axios that Walmart will "continue to assess the best way" to "inform customers how we use certain types of information," as per the new law.
McInnis also said Walmart doesn't sell Virginia consumer health information or use it for targeted advertising.
Between the lines: Walmart, as of an Axios review on Friday, is one of the only big retailers with a visible message on its landing page regarding the new law.
Costco, when you click on condoms or birth control pills, shows a message under product details saying searching or buying "a health care product or service" implies consent to data collection.
CVS, Target, Amazon and Walgreens do not have similar notes.
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