The proposed Consumer Data Protection Act aims to create a comprehensive framework for the control and processing of personal data in West Virginia. It applies to businesses that either control or process personal data of at least 100,000 consumers or derive over 50% of their revenue from the sale of personal data involving at least 25,000 consumers. The bill outlines the responsibilities and privacy protection standards for data controllers and processors, while exempting state and local governmental entities, financial institutions, and certain health-related data governed by federal law. It grants consumers specific rights, including the ability to access, correct, delete, and obtain copies of their personal data, as well as the option to opt out of targeted advertising.

The bill designates the Attorney General as the exclusive authority for enforcing violations, requiring a 30-day notice period for businesses to address any alleged violations before legal action can be initiated. It establishes the Consumer Privacy Fund to support enforcement efforts, funded by civil penalties collected under the act. Additionally, the legislation includes provisions for the Attorney General to assist consumers in accessing their personal data and sets the effective date of the law as January 1, 2024. Overall, the bill aims to enhance consumer privacy and data protection rights in the state.

Statutes affected:
Introduced Version: 46A-6O-1, 46A-6O-2, 46A-6O-3, 46A-6O-4, 46A-6O-5, 46A-6O-6, 46A-6O-7, 46A-6O-8, 46A-6O-9, 46A-6O-10, 46A-6O-11, 46A-6O-12, 46A-6O-13