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:
- 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
- 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:
- one year after the consumer’s last interaction or
- 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.