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West Virginia Data Breach Statute

 

W. Va. Code §§ 46A-2A-101 to -105

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Without unreasonably delay

NO

 

More Details

Scope of this Summary Notification requirements applicable to individuals or commercial entities that own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; or financial account, credit card or debit card number in combination with any required security or access code or password that would permit access to a resident's financial account.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted or redacted, so long as encryption key was not accessed or acquired.
Breach Defined Unauthorized access and acquisition that compromises the security or confidentiality of the covered info, excluding certain good faith acquisitions by employees or agents.
Consumer Notice Timing: Must be made without unreasonable delay, consistent with any measures to determine the scope of the breach and restore the reasonable integrity of the system.

Content: Notice must include: description of categories of info acquired; telephone number or website address to contact the covered entity (or agent) to learn types of info about individuals maintained by the covered entity and whether the entity maintained info about that individual; and toll-free numbers and addresses for major CRAs and info on how to place a fraud alert or security freeze.

Method: By written notice to postal address in covered entity’s records, telephone notice, or electronic notice if consistent with E-SIGN.  Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines that notice will impede criminal or civil investigation or homeland or national security.
Harm Threshold Notification not required if covered entity reasonably believes that breach has not and will not cause identity theft or other fraud to any resident.
Consumer Agency Notice If more than 1,000 residents are notified under this statute, must notify all nationwide CRAs without unreasonable delay of timing, distribution and content of the consumer notice. This does not apply to entities subject to Gramm-Leach-Bliley.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them as soon as practicable following discovery of a breach.
Potential Penalties Violations may result in civil penalties.

 

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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on March 26, 2018