Current through Register Vol. 41, No. 3, September 23, 2024
A. The
department shall maintain the official self-exclusion list and shall transmit
notification of any addition to or deletion from the list to:
1. Each Virginia sports betting permit
holder;
2. Each Virginia casino
gaming establishment;
3. The Office
of Charitable and Regulatory Programs; and
4. The Virginia Racing Commission.
B. Each party noted in subsection
A of this section shall maintain its own copy of the self-exclusion list and
shall establish procedures to ensure that its copy of the list is kept up to
date. All appropriate employees and agents of the parties noted in subsection A
of this section who are notified of any addition to or deletion from the
self-exclusion list shall update their lists accordingly. Changes to the list
shall be made by each party noted in subsection A of this section within seven
days after the day the notice is transmitted and any remaining balance in the
individual's gaming account shall be refunded pursuant to internal control
standards approved by the department and the department's regulations. The
notice provided by the department shall include the following information
concerning any individual whose name is added to the list:
1. Name, including any aliases or
nicknames;
2. Date of
birth;
3. Street and mailing
address of current residence;
4.
Telephone number;
5. Social
Security number if voluntarily provided by the individual requesting
self-exclusion; and
6. A photograph
of the individual.
C.
Information furnished to or obtained by the department pursuant to this chapter
shall be deemed confidential and not be disclosed except in accordance with
this chapter. The voluntary self-exclusion list and the personal information of
participants in the voluntary self-exclusion program shall not be subject to
disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et
seq. of the Code of Virginia).
D.
Except as provided in this subsection, no employee or agent of the department
or any of the parties included in subsection A of this section shall disclose
the name of or any information about any excluded individual to anyone other
than employees and agents whose duties and functions require access to such
information.
1. Any sports betting permit
holder or casino gaming establishment may disclose the name of and information
about a self-excluded individual to appropriate employees of other sports
betting permit holders or casino gaming establishments in Virginia for the
purpose of alerting the employees that a self-excluded individual has tried to
gamble or obtain gaming related privileges or benefits from the sports betting
permit holder or casino gaming establishment. In addition, the permit holder or
casino may share the name of and information about self-excluded individuals
across the corporate enterprise of the permit holder or casino, including
sharing such information with any of its affiliates.
2. It shall be permissible for a sports
betting permit holder or casino gaming establishment, or an employee or agent
thereof, to disclose the names of individuals on the self-exclusion list to a
third party that is registered, licensed, or permitted by the department
pursuant to 11VAC5-70 or 11VAC5-90 for the purpose of allowing the third party
to remove the names of such individuals from a targeted mailing or other
advertising or promotion to be made on behalf of the sports betting permit
holder or casino gaming establishment. The third party to whom the
self-exclusion list is disclosed shall be prohibited from distributing or
disclosing the list to the public or to any other party and shall be required
to establish procedures approved by the department to ensure the self-exclusion
list is not disclosed.
3. A
registered, licensed, or permitted third party that obtains the self-exclusion
list from a sports betting permit holder or casino gaming establishment shall
be permitted to use the list solely to exclude names or addresses from a
marketing campaign on behalf of the sports betting permit holder or casino
gaming establishment. Such company may not use the self-exclusion list for any
other type of marketing or for any other purpose whatsoever.
Statutory Authority: §§ 58.1-4007 and 58.1-4015.1
of the Code of Virginia.
