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 5567, the Biometric Information Privacy Act, requires private businesses (like retailers or tech companies) to create written policies for securely storing and permanently destroying customers' biometric data - such as fingerprints, facial scans, or voiceprints - within three years of the last interaction or when the data's purpose is fulfilled. It explicitly excludes health-related biometric data (covered under federal HIPAA) and common identifiers like Social Security numbers. The bill mandates that businesses obtain written consent before collecting biometric information and provides individuals with a legal right to sue if their data is mishandled. This law directly affects private entities using biometrics for identification, aiming to prevent irreversible identity theft risks by regulating how such sensitive data is managed.
HB 5130 creates a civil legal remedy for West Virginia residents whose intimate images (such as photos showing uncovered genitals, pubic areas, or sexual conduct) are shared without their consent. It allows affected individuals to sue if they suffered harm from an intentional disclosure they did not consent to, the image was private, and they were identifiable. The bill includes exceptions for disclosures to law enforcement, reporting unlawful conduct, or matters of public interest, while protecting plaintiffs' privacy through sealed court filings. Remedies include compensation for economic damages, emotional distress, and other harms caused by the unauthorized sharing.
HB 5205 requires West Virginia's State Board of Education to develop model policies for technology and artificial intelligence (AI) use in public school classrooms. It directly affects all K-12 public schools (including district, charter, and specialized schools), county education boards, teachers, and parents. Key provisions include mandating that instructional technology must support learning without distracting students, minimizing non-essential screen time, requiring transparency for parents about digital tools used, and adopting an AI-specific policy by July 2027. The bill also sets criteria for technology approval, such as evidence of educational value and safety for student development, and requires public hearings before county boards adopt policies.
HB 4240 authorizes West Virginia's Commissioner of Financial Institutions to establish a specific regulatory rule (106 CSR 21) for the state's Fintech Regulatory Sandbox Program. This procedural bill directly affects fintech companies seeking to test new financial products in a controlled environment and the Commissioner's office, which gains authority to create the program's operational rules. The key mechanism is the formal authorization to promulgate the existing rule (106 CSR 21), which outlines how the sandbox program will operate. The bill does not change substantive policy but enables the Commissioner to implement the program's framework.
SB 84 prohibits West Virginia law enforcement officers from installing surveillance cameras on private property without either the property owner's consent or a valid search warrant. This directly affects police departments and private landowners by requiring legal authorization before placing cameras on fenced, posted, or cultivated land owned by non-government entities. Exceptions allow installation in areas visible to the public without authorization or during emergencies where obtaining consent/warrant isn't feasible. The bill defines "surveillance camera" to exclude police vehicle dash or body cameras but explicitly covers devices like game cameras used for observation. It applies to all law enforcement officers, including state natural resources agents, under West Virginia law.
HB 4509 prohibits counties and municipalities from imposing local zoning, building permits, licensing, or other regulations on certified microgrid districts and certified high impact data centers. It bans local governments from enacting ordinances that restrict the development, operation, or expansion of these specific projects. The bill designates a "Data Economy Liaison" at the Department of Commerce to coordinate with developers and expedite project approvals. This measure removes local regulatory authority over these projects, directly affecting county/municipal governments and the owners of certified microgrid and data center facilities.
SB 454, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," makes it illegal to intentionally distribute deep fake media falsely depicting a person engaging in sexual conduct without their consent, specifically when done to harass, coerce, or damage their reputation. The law applies to anyone distributing such content (e.g., through social media or sharing), while excluding constitutionally protected speech like political satire or works with clear disclaimers that the media is manipulated. Violations carry penalties of up to $10,000 fines or five years in prison for repeat offenses, with lesser penalties for other cases, and allow courts to issue restraining orders to stop ongoing distribution. This directly affects individuals whose images are misused without consent and those creating or sharing non-consensual deep fakes.
HB 4624 allows West Virginia county commissions to lease, rent, or permit the use of county-owned wireless towers (or parts of them) to private companies or organizations, while requiring them to provide free access to public safety operations (like 911, police, and fire departments), the West Virginia Department of Highways, and other state agencies. Counties may charge fees for tower use by non-exempt entities but cannot levy charges for the specified public safety and state agency uses. The bill also permits counties to establish rules for managing such leases and optionally create panels to oversee tower allocations. This legislation directly affects county governments, private wireless providers, and state/local public safety agencies by clarifying tower leasing authority and access requirements.
HB 4757 (West Virginia, 2026) prohibits requiring patients to receive, be administered, or disclose medical treatment history unless the manufacturer of the medical product is liable for death or serious injury caused by it. The bill directly affects patients and healthcare providers by blocking mandatory treatments or disclosure of medical product use, applying to all medical devices, drugs, and biologics. Its key mechanism requires manufacturer liability as a condition before any medical product use or disclosure can be mandated. The bill aims to establish privacy rights around medical treatments but does not create new penalties or enforcement procedures.
