HB 5032, titled "Prevention of data center collection of citizen data," creates the Citizens' Data Center Transparency Act. It prohibits West Virginia data centers from facilitating warrantless collection of personal data by federal agencies (like the NSA) or others in ways violating the Fourth Amendment or West Virginia’s Constitution. The bill requires data center operators to annually report to the Joint Standing Committee on Technology and Infrastructure the types and amounts of data collected, how it’s used, and who the data is shared with (including government agencies or nonprofits). This law directly affects data center operators in West Virginia and aims to increase transparency around data handling practices.
HB 5495 requires West Virginia public schools to use only software that is "academically effective" and complies with a statewide digital privacy agreement. The bill mandates that all school software must be verified by independent third parties for educational value, aligns with curriculum standards, avoids "addictive design features" (like excessive gamification tied to time spent), and prohibits data collection for non-educational purposes. It directly affects schools (via County Boards of Education), software vendors (who must sign the privacy agreement), and parents (who will receive annual notices about software used). Key mechanisms include creating a master list of approved software, requiring periodic audits for compliance, and establishing a process for parental complaints about software. The bill aims to ensure school technology supports learning while protecting student privacy and data.
HB 5408 would require West Virginia government entities (such as state agencies, counties, and municipalities) to obtain a court-issued warrant before sharing personal information for federal immigration enforcement. Before disclosing such data, agencies must verify with requesters - under penalty of perjury - whether the information is sought for immigration enforcement and, if so, demand a warrant from a federal or state court. The bill also mandates annual reports to the attorney general and legislature detailing the number of immigration-related requests received and how they were handled. This law directly affects local and state agencies that handle personal data, including law enforcement and social services departments.
HB 5551 requires West Virginia to continue issuing non-REAL ID compliant driver's licenses and ID cards, clearly marked "NOT FOR REAL ID ACT PURPOSES," which remain valid for all state purposes like driving and identity verification. The bill prohibits the state from collecting biometric data (such as facial scans or fingerprints), retaining copies of identity documents (like birth certificates or Social Security cards), or sharing personal information from these licenses with federal or interstate databases. It mandates that applicants be informed of their choice between REAL ID and non-REAL ID options and provided with a list of TSA-acceptable IDs, while banning digital IDs and requiring physical licenses for all purposes. The law also prohibits state agencies from entering agreements that conflict with these protections.
HB 5337, titled "Daniel's Law," protects the personal information of certain West Virginia public officials by prohibiting the disclosure of home addresses and unpublished home or personal phone numbers without written consent. It directly affects active, retired, or former state legislators, judges, prosecutors, public defenders, and law enforcement officers, along with their immediate family members living in the same household. The bill requires government agencies and private entities to obtain written permission before sharing this information, and it creates civil liability for violations, including minimum $1,000 damages per incident. This law aims to enhance safety by preventing harassment or harm related to public officials' personal details.
HB 5123, the Consumer Data Protection Act, gives West Virginia consumers new rights over their personal data held by businesses. It requires businesses meeting size thresholds (like $25 million in annual revenue or handling data from 50,000+ consumers) to let consumers access, delete, correct, or opt out of selling their information. The law prohibits businesses from discriminating against consumers who exercise these rights and allows individuals to sue for violations. The West Virginia Division of Consumer Protection will enforce the law and create rules for implementation.
HB 5138 requires law enforcement agencies to obtain a warrant before accessing most personal information held by internet and phone companies, such as names, addresses, payment details, and call records. It directly affects law enforcement agencies and telecommunications providers by mandating judicial oversight for these data requests during criminal investigations. The bill allows warrantless access only in specific emergencies (e.g., imminent risk of death, kidnapping, or human trafficking), with subscriber consent, or if the data is publicly accessible. This replaces current practices where such third-party records could often be obtained without a warrant.
HB 4843 prohibits businesses in West Virginia from using scanner technology to collect personal details like driver's license numbers, Social Security numbers, or medical history during consumer transactions - except for verifying age. The bill defines "scanner technology" as devices that capture license barcodes/magnetic strips, print age results, store transaction records, and transfer data, banning their use for collecting non-age PII. It directly affects retailers, bars, or any business using such scanners for age verification or data collection. Violations are classified as unfair or deceptive business practices under West Virginia law, creating enforceable penalties. The bill focuses solely on restricting specific scanner technology, not general data privacy rules.
HB 4163 requires all West Virginia public agencies to maintain a publicly accessible online database tracking Freedom of Information Act (FOIA) requests and outcomes. It protects the privacy of individuals making FOIA requests by mandating that their names, contact details, and other personal information be redacted from all public records and databases. Agencies must update their online FOIA logs within 90 days of the law’s passage and face penalties, including potential damages of up to $5,000 per violation, for failing to redact personal information. This bill directly affects government agencies handling FOIA requests and all residents who submit such requests.
HB 4868, the West Virginia Consumer Privacy Act of 2026, requires businesses like financial institutions, creditors, mortgage lenders, and brokers to obtain explicit "opt-in" consent from consumers before disclosing or selling their personal financial information. It directly affects West Virginia consumers who apply for credit or engage in financial transactions, granting them the right to know what data is shared and control its use. Key provisions mandate clear disclosure of data practices, prevent unauthorized sharing, and impose fines of up to $10,000 per violation for non-compliance. The bill aims to strengthen privacy protections against identity theft and deceptive practices by giving consumers active control over their financial information.
