West Virginia has gotten into the data privacy bill game with House Bill (HB) 3159 on Consumer Data Privacy.

The legislation is similar to the California Consumer Privacy Act + the following key points:

  • Right to opt out of the sale or sharing of information for the purpose of advertising. New definition of “share” which includes:
    1. Allowing a third party to use or advertise to a consumer based on a consumer’s personal information without disclosure of the personal information to the third party; or
    2. Monetary transactions, nonmonetary transactions and transactions for other valuable consideration between a business and a third party for advertising for the benefit of a business.
  • Retention limitation until the earlier of:
    1. one year after the consumer’s last interaction or
    2. after satisfaction of the initial purpose/duration of a contract.
  • Opt-in consent is between 13-15 (not 16) and opt-in parental consent is 12 (not 13).
  • Requirements for the contract between the business/service provider and business/third party.
  • Subcontractors must abide by data protection terms.
  • Private right of action for data breaches.
  • Enforcement by Division of Consumer Protection with a 30-day cure.

Read the full text of the legislation.