Data Breach Notification Statutes – West Virginia
Last Updated: 02/28/2024
- Applicable Statute: W. Va. Code § 46A-2A-101 to -105
- Attorney General Notice Required: No
- Consumer Notice Requirements:
- Timing: Must be made without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the system.
- Content: The notification must include, at a minimum, a description of the following:
- The categories of information that were reasonably believed to have been accessed or acquired;
- A phone number or website that the individual may use to contact the entity and learn what types of information the entity maintained, and whether entity maintained information about that individual; and
- The toll-free telephone numbers and addresses of the major credit reporting agencies if the breach exposed personal information
- Method: Written notice to a postal address in the entity’s records, telephonic notice, or electronic notice if consistent with E-SIGN. Substitute notice is available under certain conditions
- Consumer Reporting Agency Obligations: If more than 1,000 residents are notified, the entity that maintained the personal information must notify all nationwide consumer reporting agencies without unreasonable delay of the timing, distribution, and content of the consumer notices.
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Data Breach Notification Statutes