The "West Virginia Genomic Information Privacy Act of 2026" is designed to enhance the privacy and security of genetic data for West Virginia residents. The bill requires entities that collect, use, or disclose genetic data to provide clear consumer information about their data practices and to obtain express consent from individuals before collecting or sharing their genetic information. It also mandates that genetic data cannot be stored in countries designated as foreign adversaries by the U.S. government and prohibits the use, sale, or transfer of genomic information to such entities.

To enforce these provisions, the bill grants the Attorney General the authority to investigate violations and impose civil penalties, while also allowing consumers to pursue a private right of action for damages. Entities must certify their compliance annually, and individuals harmed by violations can seek actual damages or statutory damages up to $5,000 per violation, along with court costs and attorney fees. The Act will apply only to causes of action that accrue on or after its effective date of July 1, 2026, while prior laws will still apply to actions that arose before this date.

Statutes affected:
Introduced Version: 16-5EE-1, 16-5EE-2, 16-5EE-3, 16-5EE-4, 16-5EE-5, 16-5EE-6, 16-5EE-7, 16-5EE-8, 16-5EE-9, 16-5EE-10, 16-5EE-11, 16-5EE-12, 16-5EE-13