West Virginia. Breach notification. Act

WV breach lawWest Virginia data breach notification law (W. Va. Code § 46A-2A-101 et seq.)

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about West Virginia residents to notify affected individuals after a security breach. Core timing rule: Individuals without unreasonable delay. Covered data: name plus SSN, driver's licence/ID, financial account with codes.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

Civil penalties only for repeated and wilful violations.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: West Virginia requires the maintaining entity to notify the owner as soon as practicable. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals without unreasonable delay; CRAs if >1,000
DPO
No
Cross-border transfers
None
Maximum penalty
Up to $150,000 per breach for repeated and wilful violations

§3Dates

Key dates
  • Adopted
  • In force
  • No amendment identified since enactment

§4Text and authority

Text
Authority
West Virginia Attorney General

§5Where it applies

Domestic law of
West Virginia

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.