Virginia residents are raising questions about a surprising pop-up they’ve noticed on Walmart’s website that warns shoppers that they need to provide consent for data collection to simply search the site for things such as pregnancy tests, birth control items or even to browse the baby registry.
The unusual message comes in response to a new Virginia law that’s designed to provide privacy for reproductive and sexual health information.
In a Walmart parking lot, it didn’t take long to find a shopper who’s noticed the retailer’s new pop-up warning.
"I was alarmed, to be honest, because all I wanted to do was look for curtains and that was the first thing that came up," the shopper said.
This is what she and other shoppers are seeing when their phone or laptop detects they are in Virginia:
Walmart.com
The graphic reads: "Virginia law requires your consent to collect or use information about your potential or actual purchase of reproductive or sexual health products or services."
It goes on to say that viewing, searching and buying all constitute consent, and then concludes: "If you do not consent, please avoid viewing, searching for, using or purchasing these products, services or features."
"I was surprised … I was very surprised and so were a lot of constituents," state Sen. Barbara Favola said.
Favola sponsored the legislation that took effect July 1. Traveling from Richmond, she explained the measure prohibits obtaining, selling or disclosing reproductive or sexual health information without consent. It covers things like pregnancy tests, birth control and abortion medication. (You can read the bill here.)
"These are intimate purchases," Favola said. "These are purchases that nobody should know what you are doing, what you are purchasing or why, and I want that privacy ensured."
Favola said the legislation also was needed because, in states with strict abortion restrictions, there is concern that private information could be used, for instance, to prosecute someone obtaining abortion medication out of state.
"We wrote the bill in a way that we thought could be easily honored," she said. "… I don't think anybody had inside knowledge on how a Walmart or a Costco or another big retailer is collecting the data and how they are storing it and what they are doing with it."
Costco is another retailer addressing the new law. The retailer sent an email to members telling them if they purchase reproductive and sexual healthcare products, they are giving consent, but Costco added it will not sell or share consumer health data to third parties.
News4 contacted Walmart and Costco for their response but have not heard back.
Some shoppers say they don’t think the very personal data should be shared at all.
"If people didn’t want the information to be out there, they should have the option to not have that information out there," said one. "That's basic consumer rights."
Another said: "Now I will second guess, think twice about products that may require my personal information."
Favola says she intends to have more conversation with the retailers, as well as with data experts, before determining the amendments that might be needed.
"Nothing transformational comes easily and I’m prepared to be in this for the long run," she said.
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