West Virginia Data Privacy Bill Is CCPA+

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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.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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