The proposed bill aims to establish the Genetic Information Privacy Act in West Virginia, which introduces a comprehensive framework for the collection, use, and disclosure of genetic data by entities. It mandates that entities provide clear consumer information regarding their practices, including obtaining express consent for the collection and use of genetic data. The bill defines key terms such as "biological sample," "consumer," "genetic data," and "entity," and outlines the rights of consumers concerning their genetic information, including access, deletion, and destruction of their data. Additionally, it specifies exceptions for certain uses of genetic data, particularly in research contexts and by governmental agencies, while imposing strict requirements for consent and privacy notices.

Enforcement of the provisions of this act is designated to the Attorney General, who is empowered to initiate civil actions against violators. The bill stipulates that entities cannot disclose a consumer's genetic data to health insurance providers, life insurance companies, or employers without the consumer's express consent. Furthermore, it includes penalties for violations, allowing the Attorney General to recover damages, costs, and attorney fees, as well as imposing a fine of $2,500 for each violation of the act. Overall, the bill seeks to enhance consumer protection regarding genetic privacy in West Virginia.

Statutes affected:
Introduced Version: 16-5EE-1, 16-5EE-2, 16-5EE-3, 16-5EE-4, 16-5EE-5, 16-5EE-6