Statute citationVa. Code § 18.2-186.6
Notification deadlineResident and Attorney General notice without unreasonable delay after discovery or notification, subject to scope/restoration needs and law-enforcement delay; consumer-reporting-agency notice without unreasonable delay for notices to more than 1,000 persons at one time.
Who must be notifiedVirginia residents whose unencrypted or unredacted computerized personal information was, or is reasonably believed to have been, accessed and acquired and causes or is reasonably believed to cause identity theft or another fraud. Notify the Virginia Office of the Attorney General when affected residents must be notified; when more than 1,000 persons are notified at one time, provide timing, distribution, and content information to the Office of the Attorney General as well.
Consumer-reporting-agency thresholdNotify all nationwide consumer reporting agencies without unreasonable delay when notice is provided to more than 1,000 persons at one time.
Consumer-notice triggerVirginia notice may be delayed to determine breach scope, restore system integrity, or because law enforcement advises delay; employer or payroll-service incidents involving taxpayer identification numbers and income-tax withholding also have an Attorney General notice path.
Virginia breach notification fields
FieldVerified valueUse in the incident file
StatuteVa. Code § 18.2-186.6Link the decision record to the official citation
DeadlineResident and Attorney General notice without unreasonable delay after discovery or notification, subject to scope/restoration needs and law-enforcement delay; consumer-reporting-agency notice without unreasonable delay for notices to more than 1,000 persons at one time.Sort multi-state response work by the shortest stated clock
ResidentsVirginia residents whose unencrypted or unredacted computerized personal information was, or is reasonably believed to have been, accessed and acquired and causes or is reasonably believed to cause identity theft or another fraud.Identify whether affected residents receive notice
RegulatorNotify the Virginia Office of the Attorney General when affected residents must be notified; when more than 1,000 persons are notified at one time, provide timing, distribution, and content information to the Office of the Attorney General as well.Record AG or regulator portal review
Consumer-reporting agenciesNotify all nationwide consumer reporting agencies without unreasonable delay when notice is provided to more than 1,000 persons at one time.Check whether the affected count crosses a CRA threshold
Consumer triggerVirginia notice may be delayed to determine breach scope, restore system integrity, or because law enforcement advises delay; employer or payroll-service incidents involving taxpayer identification numbers and income-tax withholding also have an Attorney General notice path.Tie notice analysis to the statutory trigger, not an unsupported assumption

What this state lookup shows

Virginia fields are rendered from the verified state dataset only when the field exists. No deadline is inferred when the data does not state one.

Va. Code § 18.2-186.6 is the statute citation retained for this lookup, and the state page links to the official statute source when available.

Virginia notice may be delayed to determine breach scope, restore system integrity, or because law enforcement advises delay; employer or payroll-service incidents involving taxpayer identification numbers and income-tax withholding also have an Attorney General notice path. The consumer trigger matters because the clock usually starts only after a legally meaningful incident analysis, not merely because an IT alert appeared.

The last verified date for this Virginia lookup is 2026-08-13. Use that date as a prompt to refresh counsel review before making a live notification decision.

How to use it during an incident

Start with containment and evidence preservation, then identify affected resident states and compare the shortest stated deadline first.

A practical incident file should record discovery time, encryption status, systems involved, affected consumer count, vendor involvement, and the person responsible for counsel review.

For Virginia, the WISP should say where the notification decision log lives, who contacts counsel, who checks the regulator portal, and who approves any consumer notice before it is sent.

This lookup pairs with the Incident Response Plan because the plan owns the workflow: intake, escalation, containment, preservation, notice analysis, communications, and final review.

How it fits the WISP

A WISP should not guess at state-law outcomes; it should make the breach-review path fast, documented, and source-linked.

Pair this lookup with the Virginia WISP requirements page so the firm's written program names the state-aware incident path before an event happens.

Policywright keeps the breach clock separate from the policy packet: the lookup tells you what to review, while the generated packet assigns owners, evidence records, remediation steps, and review cadence.

Not legal advice. A qualified lawyer should confirm whether the incident facts meet a statutory definition, whether substitute notice or regulator notice applies, and whether another state or federal rule changes the timeline.

FAQ

Is this Virginia lookup legal advice?

No. It is a source-linked lookup for incident planning and should be reviewed with qualified counsel before relying on it in a live notification decision.

What if affected residents live outside Virginia?

Use the multi-state lookup page and include every state where affected residents may live. The comparison table sorts selected states by the shortest stated deadline first.

Does this replace the FTC Safeguards Rule notice analysis?

No. State notice review is separate from the federal Safeguards Rule and 16 CFR 314.4(j) analysis. A serious incident file should preserve both review tracks.

Sources

This tells you the clock.

Policywright writes the plan that starts it.

Build the plan
Policywright is a configurable template product, not a law firm and not legal advice. State breach deadlines and legal reliance should be reviewed with qualified counsel before launch or use.