The proposed bill seeks to enhance consumer data privacy in West Virginia by introducing a new article to the Code of West Virginia, 1931. It defines key terms related to consumer data and establishes consumer rights, including the ability to request copies of their personal data, have it deleted or corrected, and opt-out of the sale or sharing of their information with third parties. The bill prohibits discrimination against consumers exercising these rights and requires businesses to maintain an online privacy policy that details their data collection practices. Additionally, it mandates that businesses provide a clear link for consumers to opt-out without needing to create an account and requires them to respect these opt-out decisions for at least 12 months.

The legislation also empowers the West Virginia Division of Consumer Protection to enforce these regulations, including the ability to impose civil penalties for violations. It introduces a private cause of action for consumers whose personal information is compromised due to inadequate security practices by businesses, allowing them to seek damages or injunctive relief. Businesses are required to disclose their data collection practices, respond to consumer requests within a specified timeframe, and ensure that contracts with third parties include limitations on the use and sharing of personal information. Overall, the bill aims to provide consumers with greater control over their personal data and enhance accountability for businesses in handling such information.

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