West Virginia State Security Breach Laws
Published February 11, 2011
Senate Bill 340
West Virginia Code § 46A-2A-101 to 105
Effective Date: June 6, 2008
Definition of Personal Information: The first name or first initial and last name linked to any one or more of the following data elements that relate to a resident of this state, when the data elements are neither encrypted nor redacted:
(a) Social security number;
(b) Driver's license number or state identification card number issued in lieu of a driver’s license; or
(c) Financial account number, or credit card, or debit card number in combination with any required security code, access code, or password that would permit access to a resident’s financial accounts.
Summary: An individual or entity that owns or licenses computerized data that includes personal information shall give notice of any breach of the security of the system following discovery or notification of the breach of the security of the system to any resident of this state whose unencrypted and unredacted personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person and that causes, or the individual or entity reasonably believes has caused or will cause, identity theft or other fraud to any resident of this state.
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