Privacy Law Status

Your Rights as a West Virginia Resident

Under the proposed Consumer Data Protection Act (if enacted), West Virginia residents would gain several important privacy rights, though these are not currently available under state law.

• Right to know what data is collected – You would be able to request information about what personal data companies have collected about you, how it’s used, and who it’s shared with
• Right to delete personal information – You could request that companies delete your personal data, with some exceptions for legitimate business purposes
• Right to opt out of data sales – Companies would be required to honor your request to stop selling your personal information to third parties
• Right to correct inaccurate data – You could request that companies fix incorrect personal information they have about you
• Right to non-discrimination – Companies couldn’t deny you services, charge different prices, or provide different service levels simply because you exercised your privacy rights

These rights would only apply to larger businesses that process significant amounts of personal data, and currently exist only in proposed legislation that has not yet become law.

Business Requirements

• Which companies must comply – The proposed law would apply to businesses that conduct business in West Virginia and either process personal data of at least 100,000 consumers annually, or process data of at least 25,000 consumers while deriving over 50% of revenue from data sales[4]
• Notice and transparency requirements – Companies would need to provide clear privacy notices explaining their data collection and use practices, and obtain consent before processing sensitive personal information
• Consumer request response procedures – Businesses would have specific timeframes to respond to consumer requests for access, deletion, or correction of personal information
• Security and breach notification rules – Companies would be required to implement reasonable security practices and conduct risk assessments for high-risk data processing activities, while existing breach notification laws already require prompt notification to affected residents[5]

Practical Impact

• How these laws protect residents in daily life – Currently, West Virginia residents have very limited privacy protections beyond basic data breach notifications. The proposed legislation would give residents more control over how companies collect and use their personal information, but these protections do not yet exist
• What to do if rights are violated – Under current law, privacy violations are handled through the Attorney General’s Consumer Protection Division. The proposed law would maintain this approach, with no private right of action allowing individuals to sue companies directly for privacy violations[3][4]
• Limitations and gaps in protection – The proposed legislation would only apply to larger businesses and includes various exemptions. Small businesses and many types of data processing would not be covered, and enforcement would depend entirely on state government action rather than individual lawsuits

Comparison Context

• How West Virginia compares to leading privacy states – West Virginia’s proposed law is similar to Virginia’s Consumer Data Protection Act rather than California’s stronger approach. It includes a 30-day cure period for violations and excludes the private right of action found in California law[3][6]
• What residents might be missing compared to other states – Unlike California residents, West Virginians would not be able to sue companies directly for privacy violations. The proposed law is also more business-friendly than some state laws, with narrower definitions of what constitutes a “sale” of personal data and more limited enforcement mechanisms

Action Steps for Residents

• Immediate steps to protect privacy – Since comprehensive privacy protections don’t currently exist in West Virginia, residents should review privacy settings on social media and online accounts, be cautious about sharing personal information, and monitor financial statements for unauthorized activity
• How to exercise legal rights (if available) – Currently, residents can file complaints about unfair business practices with the Attorney General’s Consumer Protection Division using their consumer complaint forms. If privacy legislation passes, similar complaint processes would likely handle privacy violations[7][8]
• Resources for staying informed – While HB 2987 is not active, residents should be aware of new legislative developments via the West Virginia Legislature’s website and seek updates on privacy legislative efforts generally.

Official Resources and Contact Information

West Virginia Legislature

The West Virginia Legislature’s official website provides bill tracking, district information, and legislator contact details. You can track the progress of privacy legislation and find your representatives using their district finder tools.

Website: https://www.wvlegislature.gov/

District Maps: https://home.wvlegislature.gov/district-maps/

Find Your Legislators: https://wvecouncil.org/wv-legislature/find-your-wv-state-legislators/

Consumer Protection and Privacy Complaints

The West Virginia Attorney General’s Consumer Protection Division handles consumer complaints and privacy-related issues under current state law.

Consumer Protection Hotline: 1-800-368-8808

Website: https://ago.wv.gov/consumerprotection/pages/default.aspx

Mailing Address: West Virginia Attorney General, Consumer Protection Division, P.O. Box 1789, Charleston, WV 25326-1789

State Privacy Office

The West Virginia State Privacy Office manages privacy protection for state government agencies and provides general privacy information to citizens.

Website: https://privacy.wv.gov/about/Pages/What-We-Do.aspx

Legislative Contact and Public Input

For those interested in future privacy legislation, contact information for the House of Delegates and Senate rosters provides direct contact information for all legislators.

House Roster: https://www.wvlegislature.gov/house/roster.cfm

Senate Contact Information: Available through the main legislature website district finder

Capitol Switchboard: (304) 357-7800

Sources and Citations

Last Updated August 2025. Written with contributions from both human authors and Perplexity AI. If you find incorrect or outdated information let us know at support@optery.com.