Bill > HB5034

This bill, known as the West Virginia Genomic Information Privacy Act of 2026, establishes new regulations for the handling of genetic data belonging to West Virginia residents, with a primary focus on preventing foreign adversaries from accessing this sensitive information. It defines key terms such as "genetic data" (which includes DNA sequences and related health information), "consumer" (a resident of West Virginia), and "foreign adversary" (as defined by federal regulations). The Act mandates that entities collecting, using, or disclosing genetic data must provide consumers with clear privacy notices and obtain their explicit consent for various actions, including sharing data with third parties, using it for purposes beyond initial testing, or selling it. It also requires entities to implement robust security measures to protect genetic data and provides consumers with the right to access, delete, or request the destruction of their genetic data and biological samples. Furthermore, the bill prohibits the use of genome sequencing technology from foreign adversaries and restricts the storage of West Virginia residents' genetic data in countries designated as foreign adversaries, with exceptions for certain research and clinical trials. Enforcement of the Act will be handled by the Attorney General, who can pursue civil penalties, and individuals harmed by violations will have a private right of action to sue for damages.

Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5034&year=2026&sessiontype=RS&btype=bill