Duty LXD-1091
Processes personal data, in West Virginia
Breach of Security of Consumer Informationin force4 lines
W. Va. Code secs. 46A-2A-101 to 46A-2A-105 · Read the law's page
- Notify each affected West Virginia resident of a breach of security involving personal information without unreasonable delay.
- Notify each nationwide consumer reporting agency if you are required to notify more than 1,000 persons of a breach, unless you are subject to Title V of the Gramm-Leach-Bliley Act.
- Do not rely on this statute to cover a breach of biometric, genetic, or health data alone. It does not fold any of those into personal information.
- Expect this Act's notice duty to be enforced exclusively by the West Virginia Attorney General (or, for a licensed financial institution, its primary regulator), never by a private plaintiff, even though a violation is deemed an unfair trade practice.