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WV HB2953

WV HB2953
Consumer Data Protection Act


summary

Introduced
02/25/2025
In Committee
02/26/2025
Crossed Over
Passed
Dead
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

The purpose of this bill is to protect consumer data privacy by establishing a consumer right to request copy of personal data collected; establishing a consumer right to have personal information deleted or corrected; establishing a consumer right to request personal data sold or shared; establishing a consumer right to opt-out of the sale or sharing of personal information to third parties; prohibiting discrimination against consumers who exercise their right under this article; establishing procedures for requests for personal information under this article; establish a form to opt-out of sale or sharing of personal information; creating a private cause of action; empowering the West Virginia Division of Consumer Protection to establish rules under this article for enforcement; and empowering the West Virginia Division of Consumer Protection to bring suit for violation of this article.

AI Summary

This bill establishes comprehensive consumer data privacy protections for West Virginia residents, creating a robust framework for how businesses collect, use, sell, and share personal information. The bill defines personal information broadly, covering everything from basic identifiers to browsing history, geolocation data, and inferred consumer profiles. Consumers are granted several key rights, including the ability to request a copy of their personal data collected by businesses, have their personal information deleted or corrected, and opt-out of the sale or sharing of their personal information to third parties. Businesses are required to maintain transparent online privacy policies, provide clear methods for consumers to submit data requests, and respond to those requests within 45 days. The legislation prohibits businesses from discriminating against consumers who exercise their privacy rights and establishes penalties for non-compliance, including civil penalties up to $7,500 per intentional violation. Notably, the bill provides a private right of action for consumers whose personal information is subject to unauthorized access, allowing them to seek damages between $100 and $750 per incident. The law applies to businesses that meet certain thresholds, such as having annual gross revenues over $25 million or collecting personal information from 50,000 or more consumers, and includes special protections for minors, requiring explicit consent for selling or sharing their personal data.

Committee Categories

Transportation and Infrastructure

Sponsors (2)

Last Action

To House Enviroment, Infrastructure, and Technology (on 02/26/2025)

bill text


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