Law: Please note this State does not have a general privacy law in effect, you can visit USA State Law Tracker to monitor the progress of US State bills.

Regulator: The West Virginia Attorney General ('AG')

Summary: There is currently no comprehensive privacy law in West Virginia. However, West Virginia has recognised all four common law invasion of privacy claims. In addition, under §46A-2A-101 et seq. of the West Virginia Code, there is a requirement to notify personal data breaches involving unauthorised access to unencrypted computerised records to affected consumers as well as consumer reporting agencies, if more than 1,000 consumers may have been affected by the breach. The AG holds the power to sanction violations of the law and issue penalties. Other privacy-related legislation includes the Consumer Credit and Protection Act, General Consumer Protection under W. Va. Code § 46A-6-101 et seq., which provides a private right of action against unfair trade practices, which may include, for example, the collection of personal information without adequate security measures for the protection of such information. West Virginia also provides specific statutory protections for health and financial information.