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Data Breach Laws in West Virginia: Fines, Violations, and Reporting to Law Enforcement

West Virginia's data breach laws apply to any business that operates in the state or licenses the PI (protected information) of its residents. Businesses must notify their customers "without unreasonable delay" after law enforcement agents confirm that notifications won't impede their investigation. Fines of up to $150,000 per breach can be issued for repeated, willful violations.

Name of Law / Statute

N/A

Definition of Protected Information

Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes.

Who Is Subject to Law?

Any business that owns or licenses PI of WV residents

Notification of Consumers?

Yes

By what means?

Written, phone, or electronic; if >1,000 residents, must notify consumer reporting agencies; must contain certain information

Substitute Notice Threshold?

If cost of notice >$50,000 or involves >100k residents

Notification of authorities / regulators required?

No

By what means?

N/A

Regulatory Fines

Up to $150k/breach for repeated, willful violations

Credit monitoring requirement?

No

Private lawsuits allowed?

No

Private damages cap?

N/A

Regulatory actions allowed?

Yes

HIPAA Compliance exemption?

N/A

Other  (e.g., timeframe)

Law does not apply if PI was encrypted or redacted

Link to complete law

West Virginia's data breach law

Read the full text of West Virginia’s data breach law.

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