West Virginia
💡 Last Updated October 2025. Written with contributions from both human authors and LLMs. If you find incorrect or outdated information let us know at support@optery.com.
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Privacy law in West Virginia
There is no comprehensive consumer privacy law in West Virginia yet. House Bill 2953, introduced in the 2025 Regular Session, would create consumer data privacy rights — including the right to access, delete, correct, and opt out of the sale of your personal information — but as of the document's print date (September 16, 2025), the bill had only been referred to committee and had not been passed or signed into law. Here's what protections do exist, what's pending, and what you can still do to remove your data from brokers.
What protections do exist in West Virginia
West Virginia Consumer Credit and Protection Act – Data Breach Notification
West Virginia requires businesses that own or license computerized personal information about residents to notify affected residents when their unencrypted personal information is acquired by an unauthorized person. Notification must be made in the most expedient time possible and without unreasonable delay. (W. Va. Code § 46A-2A-101 et seq.)
Federal protections that apply to West Virginia residents
Even without a state privacy law, some federal protections apply to West Virginia residents. The FTC can take action against businesses that engage in unfair or deceptive data practices under Section 5 of the FTC Act. HIPAA protects your medical records held by covered health providers and insurers. COPPA requires parental consent before websites collect data from children under 13. And Dodd-Frank provides some protections for your financial data held by certain financial institutions.
What’s happening in the West Virginia legislature
Several privacy bills have been introduced in West Virginia. None has passed into law yet, but they signal where consumer privacy legislation in the state may be heading.
HB 2953 — Consumer Data Privacy Act
House Bill 2953, introduced February 25, 2025 and referred to the Committee on Energy and Public Works then the Judiciary, would create a new Article 9 under West Virginia Code Chapter 46A establishing comprehensive consumer data privacy rights. If passed, it would give West Virginia residents the right to access, delete, correct, and opt out of the sale or sharing of their personal information by covered businesses. It would also create a private right of action for data breaches and empower the West Virginia Division of Consumer Protection to enforce the law and levy civil penalties. Status: in committee. Read the bill text.
How Optery helps West Virginia residents
Data brokers collect and sell personal information about almost every American adult — home addresses, phone numbers, family relationships, employment history. They do this regardless of whether your state has a comprehensive privacy law. Optery scans over 200 data brokers to find where your information is exposed, then submits removal requests on your behalf and tracks compliance. Our service works for every US resident, not just those in states with strong privacy statutes.