West Virginia may become the latest jurisdiction to enact a state privacy law. It is unclear which will become the next state, as at least 10 other states are considering similar legislation at this time. To date, there are 13 other states that have enacted state privacy laws.
West Virginia State Privacy Law
On December 12, 2023, members of the West Virginia Joint Standing Committee on the Judiciary received a briefing on the Consumer Data Protection Act (the “Act”), which is set to be introduced in 2024.
The Act resembles HB 3498, introduced earlier in the 2023 legislative session, which never made it past the House of Delegates Finance Committee.
The Act proposes to establish limits on businesses and entities that buy and sell consumer data. Specifically, the measure focuses on consumers’ rights to: access their digital data; correct their data; delete their data; move their data; and opt out of personal data sharing and sale to third parties.
The proposed legislation applies to businesses that process the personal data of 100,000 or more persons, or which derive 50% of their gross revenue from the sale of personal data of at least 25,000 consumers.
Differences Between State Privacy Laws
Due to the lack of federal consumer data privacy legislation, states have been forced to create their own privacy laws to fill the gap. Unfortunately for affected businesses, there is no uniformity between these state laws.
It appears that the Act is modeled off Virginia’s consumer data privacy legislation, which was enacted in 2023.
Fortunately, consistent with the privacy laws of Colorado, Connecticut, Virginia, and Utah, the Act will also apply to businesses that process the personal data of 100,000 or more persons, or which derive 50% of their gross revenue from the sale of personal data of at least 25,000 consumers.
It is also apparent that the Act is aimed at larger out-of-state corporations, rather than those operating exclusively within the State. In providing his briefing, House of Delegates Counsel, Brian Casto, emphasized that “[t]here are very few businesses within the state who would actually . . .” meet its applicability thresholds.
Future of Privacy Law
West Virginia is one of many other states that are set to introduce new state privacy laws in the upcoming legislative term. Keeping up with the patchwork of state laws is a daunting task.
Businesses that engage in acquiring consumer data in more than one state must ensure that they have legal counsel in place who can advise them on the ever-changing privacy law landscape. The attorneys at Klein Moynihan Turco can work with your business to help ensure that you comply with the various state privacy laws.
If you need assistance with consumer data privacy law advice and counsel, please email us at info@kleinmoynihan.com, or call us at (212) 246- 0900.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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