The proposed bill aims to enhance consumer data privacy in West Virginia by establishing a new article in the Code of West Virginia, 1931, which defines key terms related to consumer data and outlines consumer rights regarding their personal information. These rights include the ability to request copies of their data, have their information deleted or corrected, and opt-out of the sale or sharing of their personal information with third parties. The bill prohibits discrimination against consumers exercising these rights and requires businesses to maintain an online privacy policy detailing their data collection practices. Additionally, it mandates that businesses inform consumers about the categories of personal information collected, the purposes for which it is used, and the third parties with whom it is shared.

The legislation empowers the West Virginia Division of Consumer Protection to enforce these privacy regulations, including the ability to impose civil penalties for violations and to adopt rules for implementation. It introduces a private cause of action for consumers whose rights are infringed upon, allowing them to seek damages or injunctive relief if their personal information is compromised due to a business's failure to maintain reasonable security practices. The bill also requires businesses to respect consumers' opt-out decisions for at least 12 months and to use personal information collected during the opt-out process solely for compliance purposes. Overall, the bill seeks to provide consumers with greater control over their personal information and ensure accountability among businesses handling such data.

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