Law: Please note this State does not have a general privacy law in effect, you can visit USA State Law Tracker to monitor the progress of US State bills.

Regulator: The West Virginia Attorney General ('AG')

Summary: There is currently no comprehensive privacy law in West Virginia. However, West Virginia has recognized all four common law invasion of privacy claims. In addition, under §46A-2A-101 et seq. of the West Virginia Code, there is a requirement to notify personal data breaches involving unauthorized access to unencrypted computerized records to affected consumers as well as consumer reporting agencies if more than 1,000 consumers may have been affected by the breach.

The West Virginia Attorney General (AG) holds the power to sanction violations of the law and issue penalties. Other privacy-related legislation includes the West Virginia Consumer Credit and Protection Act, under General Consumer Protection under the West Virginia Code §46A-6-101 et seq., which provides a private right of action against unfair trade practices, such as the collection of personal information without adequate security measures for the protection of such information.

You can follow legislative developments in the US through the USA State Law Tracker.