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West Virginia
Privacy Laws

Overview

BREACH NOTIFICATION – Mandated Timeframe
Without unreasonable delay

FINES & PENALTIES – Violations
Up to $150,000 per breach

Legal

Regulation Levels

  • Breach Reporting

    Breach Reporting

  • Consumer Notification

    Consumer Notification

  • Vendor Management

    Vendor Management

  • Vendor Contract Required

    Vendor Contract Required

PRIVACY AND SECURITY LAWS

Laws related to personal information and privacy and security.

QUICK FACTS

West Virginia Privacy Law Information

BREACH REPORTING

Breach reporting to all consumer reporting agencies that compile and maintain files on a nationwide basis is required if more than 1,000 persons are affected by a breach of security, without unreasonable delay. The Organization will be responsible to complete any required regulatory reporting and consumer notification.

CONSUMER NOTIFICATION

There is specifically defined information that must be included in the consumer notification. If any state residents are affected by a breach of security, the breached Organization must give notice without delay to each individual affected by the breach.

VENDOR/THIRD PARTIES

Vendors must notify Organizations as soon as possible after the discovery of a breach or suspected breach.

INDUSTRY SPECIFIC LAWS

There are industry-specific laws governing the protection of personal data for health, insurance, and education.

FINES & PENALTIES

The Attorney General may bring an action to enforce repeated and willful violations of the breach requirements, with civil penalties assessed up to $150,000. Violations of the breach notification requirements constitute an unfair or deceptive act or practice.

West Virginia Statutes and Laws

W. VA. CODE §§ 16-29G-1 – 16-29G-8

West Virginia health information network/privacy; protection of information

W. VA. CODE § 18-2-5H

Student data accessibility, transparency and accountability act

W. VA. CODE §§ 33-6F-1 – 33-6F-2

Insurance/disclosure of non-public personal information

W. VA. CODE §§ 46A-2A-101 – 46A-2A-105

Breach of security of consumer information

DISCLAIMER

The information provided is not legal guidance or recommendations and are for informational purposes only.