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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
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
Who Is Subject to Law?
Any business that owns or licenses PI of WV residents
Notification of Consumers?
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?
Up to $150k/breach for repeated, willful violations
Credit monitoring requirement?
Private lawsuits allowed?
Private damages cap?
Regulatory actions allowed?
HIPAA Compliance exemption?
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.