- Data Breach Notification: W. Va. Code ยง 46A-2A-101
- Consumer Protection: West Virginia Consumer Credit and Protection Act
- No Comprehensive Privacy Law: As of 2024
West Virginia Privacy & Accessibility Laws
West Virginia has data breach notification requirements and state IT accessibility standards. This guide covers privacy and accessibility compliance for organizations operating in West Virginia.
→
Privacy Laws
Current Requirements
→
Accessibility
State Standards
- Office of Technology IT standards
- State agency website requirements
- ADA Title II for state/local government
Data Breach Notification
West Virginia requires notification for breaches of personal information:
| Requirement | Details |
|---|---|
| Notification Timing | Without unreasonable delay |
| Protected Data | Name + SSN, driver's license, financial account, or health info |
| AG Notification | Required for breaches affecting WV residents |
| Substitute Notice | Permitted if cost exceeds $50,000 or 100,000+ affected |
State IT Accessibility
West Virginia Office of Technology establishes standards for state agencies:
- State websites should follow accessibility best practices
- New IT procurements should consider accessibility
- Alternative formats available upon request
- Training for state web developers recommended
ADA Compliance
West Virginia state and local government entities must comply with ADA requirements:
- Title II: All state and local government services, programs, and activities
- 2024 Web Rule: WCAG 2.1 AA for state/local government websites
- Effective Communications: Auxiliary aids and services required
Business Considerations
- No comprehensive state privacy law currently in effect
- Federal laws (ADA, Section 508 for federal contractors) apply
- Monitor for potential future privacy legislation
- Breach notification compliance required