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West Virginia: Bill relating to genetic information privacy introduced to Legislature
House Bill 3260 to amend the Code of West Virginia, 1931, as amended by adding a new Article relating to creating the Genetic Information Privacy Act was introduced, on 3 February 2023, to the West Virginia Legislature and thereafter referred, on the same date, to the House Judiciary Committee. In particular, the bill aims to provide guidelines for the collection, storage, and protection of privacy concerning genetic material and information. More specifically, the bill outlines requirements for the collection and use of genetic data, including providing a high-level privacy policy overview that includes basic, essential information about the company's collection, use, or disclosure of genetic data, and obtaining a consumer's consent for collection, use, or disclosure of the consumer's genetic data.
Furthermore, the bill clarifies that the Attorney General ('AG') may bring an action in the name of the State, or as parens patriae on behalf of consumers, highlighting that a violation of the bill is subject to a civil penalty of $2,500 for each violation, the recovery of actual damages incurred by consumers on whose behalf the action was brought, and costs and reasonable attorneys' fees incurred by the office of the AG.
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