The proposed bill aims to enhance consumer data privacy in West Virginia by establishing a new article in the Code of West Virginia that outlines consumer rights regarding personal information. It defines essential terms such as "personal information," "business," and "consumer," and grants consumers the right to access their personal data, request deletion or correction, and opt-out of the sale or sharing of their information with third parties. The bill also prohibits discrimination against consumers exercising these rights and mandates that businesses maintain an online privacy policy detailing consumer rights, the categories of personal information collected, and whether such information is sold or shared.

Additionally, the legislation empowers the West Virginia Division of Consumer Protection to enforce compliance and take legal action against violations, while also creating a private cause of action for consumers whose privacy rights are breached. Businesses are required to follow a retention schedule for personal information, ensure contracts with third parties include privacy compliance measures, and provide clear opt-out mechanisms for consumers. The bill emphasizes the importance of consumer control over personal data and aims to hold businesses accountable for maintaining reasonable security practices to protect that 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