The proposed bill aims to establish the Biometric Information Privacy Act in West Virginia, introducing regulations concerning the collection, retention, disclosure, and destruction of biometric identifiers and information. It includes legislative findings that highlight the growing use of biometrics in various sectors, the unique risks associated with compromised biometric data, and the public's concerns regarding privacy. The bill defines key terms such as "biometric identifier," "biometric information," and "private entity," and mandates that private entities develop written policies for the retention and destruction of biometric data, ensuring compliance with established guidelines.

Additionally, the bill grants individuals the right to take legal action against entities that violate these regulations, with specified damages for negligent or intentional breaches. It also outlines the responsibilities of private entities in safeguarding biometric information and restricts the sale or unauthorized disclosure of such data. The bill clarifies that it does not conflict with existing federal laws, such as the Health Insurance Portability and Accountability Act, and specifies that it does not apply to certain financial institutions or government contractors.

Statutes affected:
Introduced Version: 15-17-1, 15-17-2, 15-17-3, 15-17-4, 15-17-5