11 VAC 5-60-30 Exclusion Lists

1. The Department shall maintain the official involuntary exclusion list and the voluntary self-exclusion list and shall transmit notification of any addition to or deletion from the lists to:
   1. Each permit holder of a permit to operate a sports betting platform;
   2. The Department of Agriculture and Consumer Services
   3. The Office of Charitable and Regulatory Programs; and
   4. The Virginia Racing Commission.
2. Each party noted in A. above shall maintain its own copy of the involuntary exclusion list and the voluntary self-exclusion list and shall establish procedures to ensure that its copy of each the list is kept up to date. All appropriate employees and agents of the parties noted in A. above who are notified of any addition to or deletion from the self-exclusion lists shall update the lists accordingly. Changes to each the list shall be made within five business days after the day the notice is transmitted. For any changes made over the Internet, changes shall be made within 24 hours after the notice is transmitted and any remaining balance in the individual’s gaming player account shall be refunded pursuant to internal controls approved by the Department. The notice provided by the Department shall include the name and date of birth of any individual whose name is removed from the list and 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 address of current residence;
4. Telephone number;
5. Social Security number, if voluntarily provided by the individual requesting self-exclusion;
6. A physical description of the individual, including height, weight, gender, hair color, eye color, and any other physical characteristic that may assist in the identification of the individual; and
7. A copy of the photograph, if applicable, taken by the Department pursuant to 11 VAC 5-60-20.

3. Information furnished to or obtained by the Department pursuant to this subchapter shall be deemed confidential and not be disclosed except in accordance with this chapter. The voluntary exclusion list and the personal information of participants in the voluntary exclusion program shall not be subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
4. Except as provided in D. 2. and 3. below, no employee or agent of the Department or any of the parties included in A. above shall disclose the name of, or any information about, any excluded individual who has requested self-exclusion to anyone other than employees and agents whose duties and functions require access to such information.

1. Notwithstanding the foregoing, any sports betting permit holder may disclose the name of and information about an self-excluded individual to appropriate employees of other sports betting permit holders in Virginia for the purpose of alerting them that an self-excluded individual has tried to gamble or obtain gaming related privileges or benefits from the sports betting permit holder. In addition, the permit holder may share the names of excluded individuals across its corporate enterprise, including sharing such information with any of its affiliates.
2. It shall be permissible for a sports betting permit holder, or an employee or agent thereof, to disclose the names of individuals on the voluntary self-exclusion list to a third party that is registered or licensed by the Department pursuant to chapter 70 of this subtitle 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. The company to whom such voluntary 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 voluntary self-exclusion list is not disclosed.
3. A licensed or registered company that obtains the voluntary self-exclusion list from a sports betting permit holder 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. Such company may not use the voluntary self-exclusion list for any other type of marketing or for any other purpose whatsoever.