Administrative Code

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Virginia Administrative Code
Title 11. Gaming
Agency 5. Virginia Lottery Board
Chapter 60. Self-Exclusion Program

11VAC5-60-30. Self-exclusion list.

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.

Historical Notes

Derived from Virginia Register Volume 37, Issue 4, eff. October 12, 2020; amended, Virginia Register Volume 38, Issue 24, eff. September 2, 2022.

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