The West Virginia Consumer Privacy Act (WV-CPA) grants consumers specific rights regarding their personal information. One such right is the right to opt-out of the sale of personal information. The WV-CPA defines “sale” broadly, encompassing the exchange of personal information for monetary or other valuable consideration. However, certain disclosures are not considered sales. Specifically, disclosures to a processor that processes personal information on behalf of the controller for the purpose of providing a service requested by the consumer, or disclosures to a third party for the purpose of providing a product or service requested by the consumer, are generally not classified as sales under the act, provided the third party does not sell the personal information itself. Furthermore, disclosures to a third party for the purpose of offering a product or service to the consumer, where the third party has a direct relationship with the consumer, and the disclosure is for the purpose of enabling the third party to provide that product or service, are also excluded from the definition of sale. The core principle is that if the transfer of personal information is for a direct service or product provision to the consumer, and the recipient does not further monetize that data through subsequent sales, it is typically not considered a sale. The scenario describes a healthcare provider in West Virginia sharing patient appointment data with a third-party software vendor to improve patient scheduling efficiency. This transfer is for the purpose of providing a service to the healthcare provider, which ultimately benefits the patient by enhancing scheduling. The third-party vendor is contracted to improve the system and does not appear to be using the data for its own independent marketing or resale purposes. Therefore, this disclosure would likely not be considered a “sale” of personal information under the WV-CPA, as it falls under the exception for disclosures made for the purpose of providing a service requested by the consumer or to a processor acting on behalf of the controller.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers rights concerning their personal information. One crucial aspect is the right to opt-out of the sale of personal information. The definition of “sale” under the WV-CPA is broad and includes sharing personal information for monetary or other valuable consideration. However, the law specifies certain exclusions from this definition. Specifically, sharing personal information with a controller that processes personal information on the controller’s behalf, sharing personal information to provide a product or service requested by the consumer, or sharing personal information with a third party for the purpose of providing a product or service requested by the consumer and subject to restrictions on the third party’s use of the personal information are not considered a “sale” if the consumer has been adequately informed and has not opted out of the disclosure. Furthermore, sharing personal information with an affiliate or a service provider is generally not considered a sale. The WV-CPA also distinguishes between a “sale” and “sharing” for targeted advertising, with specific opt-out rights for both. In this scenario, the primary interaction involves sharing data for analytics and service improvement, which, absent any monetary or valuable consideration exchanged for the data itself, would not typically fall under the definition of a “sale” as defined by the WV-CPA, provided the sharing aligns with the exclusions or is not for the purpose of direct monetization of the data through its transfer. The core principle is whether the data transfer constitutes an exchange for value that benefits the recipient by acquiring the data itself, rather than payment for a service or product facilitated by the data. The WV-CPA’s intent is to prevent the commercialization of personal data without consumer consent.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers the right to opt-out of the sale of their personal information. A “sale” under the WV-CPA is defined broadly to include disclosing personal information for monetary or other valuable consideration. When a business shares data with a third party for targeted advertising purposes, and that sharing involves consideration, it constitutes a sale. This is true even if the consideration is not direct monetary payment, but rather the provision of services or other valuable benefits that are part of a reciprocal arrangement. Therefore, a company that shares West Virginia residents’ data with a marketing analytics firm in exchange for insights and market trend analysis is engaging in a sale of personal information, triggering the opt-out rights of those consumers under the WV-CPA. The specific wording of the law emphasizes that “other valuable consideration” encompasses benefits beyond just cash, aiming to capture a wide range of data monetization practices.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers specific rights regarding their personal information. A key aspect of this legislation, like many other state privacy laws, is the process by which consumers can exercise these rights, particularly the right to opt-out of the sale or sharing of their personal information. When a consumer submits a verifiable request to opt-out, the covered entity must acknowledge receipt of the request and respond within a specified timeframe. The WV-CPA requires that such responses be provided within 45 days of receiving the request. This period can be extended by an additional 45 days if reasonably necessary, provided the covered entity informs the consumer of the extension and the reasons for the delay within the initial 45-day period. The law also mandates that the response must be clear, understandable, and provide instructions on how the consumer can further exercise their rights. This includes informing the consumer if the entity needs more information to fulfill the request. The core principle is timely and transparent communication with the consumer regarding their privacy choices.

The West Virginia Consumer Privacy Act (WV-CPA) defines a “consumer” as a natural person who is a resident of West Virginia. It defines “personal information” broadly to include information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The law also specifies certain categories of personal information that are considered “sensitive personal information,” which require additional protections. The core of the WV-CPA focuses on providing consumers with rights regarding their personal data, including the right to know, access, correct, delete, and opt-out of the sale or sharing of their personal information. A business subject to the WV-CPA must provide clear notice of its data collection and processing practices. When a business receives a verifiable consumer request to exercise their rights, it must respond within a specified timeframe, generally 45 days, with a possible extension of another 45 days. This response must be comprehensive and address all aspects of the request. The law also mandates that businesses implement reasonable security measures to protect personal information from unauthorized access or disclosure. The scope of the law applies to controllers that conduct business in West Virginia or produce or direct their activities towards consumers in West Virginia and meet certain thresholds related to annual revenue and the volume of personal information processed or controlled.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers rights regarding their personal information. Specifically, it requires that a business provide a clear and conspicuous notice at or before the collection of personal information, informing consumers about the categories of personal information collected, the purposes for which the categories of personal information are collected or used, and whether the personal information is sold or shared. Furthermore, the WV-CPA mandates that businesses establish at least two methods for consumers to submit requests, one of which must be a toll-free telephone number. If a business collects sensitive personal information, it must provide a clear and conspicuous link on its website titled “Limit the Use of My Sensitive Personal Information.” The question asks about the primary obligation regarding the sale or sharing of personal information. The WV-CPA requires that consumers be informed about whether their personal information is sold or shared and provides a mechanism to opt-out of such sale or sharing. While transparency about data collection and security measures are important, the core right related to the disposition of personal information, particularly its sale or sharing, is the ability to control that disposition. Therefore, the most direct and encompassing right related to the sale or sharing of personal information is the ability to direct the business not to sell or share it. This aligns with the purpose of consumer privacy laws to empower individuals over their data.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers rights regarding their personal information. A key aspect of this law, similar to other state-level privacy regulations, is the process by which consumers can exercise these rights, such as requesting access to or deletion of their data. When a business receives a verifiable consumer request, it must respond within a specified timeframe. The WV-CPA mandates that a business acknowledge receipt of the request within 10 business days and then fulfill or deny the request within 45 calendar days. This 45-day period can be extended by an additional 45 calendar days if reasonably necessary and the business provides notice to the consumer about the extension and the reasons for the delay. Therefore, the maximum permissible period for a business to respond to a verifiable consumer request under the WV-CPA, including any permissible extensions, is 90 calendar days. This aligns with the principle of providing consumers with timely access to and control over their personal data.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers rights concerning their personal information collected by businesses. A key aspect of this act is the right to opt-out of the sale of personal information. While the WV-CPA defines “sale” broadly to include sharing for monetary or other valuable consideration, it carves out specific exceptions. One such exception pertains to sharing personal information with third parties for purposes that are not commercial in nature, such as sharing for public safety or to comply with legal obligations. Another significant exception relates to sharing information with service providers or contractors to perform services on behalf of the business, provided certain contractual safeguards are in place to prevent the third party from using the information for their own commercial purposes or for purposes inconsistent with the consumer’s expectations. The law also specifies that sharing information with a parent company or affiliate for internal business purposes, consistent with the consumer’s relationship with the business, is not considered a sale. Therefore, a business sharing personal information with an independent marketing firm solely to analyze customer trends for internal product development, without any monetary exchange and with contractual limitations on the firm’s use of the data, would likely fall under an exemption from the definition of “sale” under the WV-CPA, thereby not triggering a mandatory opt-out mechanism for that specific sharing activity.

The West Virginia Consumer Privacy Act (WV C P A) grants consumers the right to opt-out of the sale of their personal information. When a business receives a verifiable consumer request to opt-out of the sale of personal information, the business must comply with this request. Compliance involves ceasing the sale of that consumer’s personal information. Furthermore, the business must notify any third party to whom the personal information was sold within the preceding twelve months that the consumer has requested to opt-out of the sale of their personal information. This notification to the third party must be sufficient to enable the third party to honor the consumer’s opt-out request. The WV C P A does not require the business to re-verify the consumer’s identity for the purpose of the opt-out request if the request is submitted through a consumer-approved mechanism. The law emphasizes the consumer’s control over their data and the responsibility of businesses to facilitate that control. The timeframe for compliance is generally within a reasonable period, often interpreted as 45 days, with a possible extension of 45 additional days if reasonably necessary and with notice to the consumer.

The West Virginia Consumer Privacy Act (WV CPL) grants consumers specific rights regarding their personal information. A key aspect of this legislation is the right to opt-out of the sale of personal information. The definition of “sale” under the WV CPL is broad and includes disclosing or making personal information available to a third party for monetary or other valuable consideration. This consideration does not require a direct exchange of money; it can encompass any valuable benefit received by the business. For instance, sharing data with an advertising partner in exchange for targeted advertising services or insights constitutes a sale if valuable consideration is exchanged. The act also specifies that a business must provide a clear and conspicuous link on its homepage titled “Do Not Sell My Personal Information” or a similar phrase. This link must direct consumers to a webpage where they can submit an opt-out request. The business then has a specific timeframe to respond to such requests, typically 45 days, with a possible extension of an additional 45 days if reasonably necessary and the consumer is informed of the delay. Failure to comply with these provisions can lead to enforcement actions and penalties. Therefore, when a West Virginia resident exercises their right to opt-out of the sale of their data, the business must honor this request by ceasing the sale of that specific consumer’s personal information to third parties for valuable consideration, and must also implement the necessary mechanisms to facilitate and track these opt-out requests to ensure ongoing compliance.

The West Virginia Consumer Privacy Act (WV CSPA) outlines specific requirements for data brokers operating within the state. A data broker, as defined by the WV CSPA, is a person that knowingly collects, sells, or shares the personal information of consumers for monetary or other valuable consideration. The law mandates that such entities must register with the West Virginia Attorney General’s office and provide certain disclosures. Specifically, Section 38-16-5 of the WV CSPA requires data brokers to maintain a primary internet website that includes a clear and conspicuous link to a privacy policy and a mechanism for consumers to opt-out of the sale of their personal information. Furthermore, the law requires data brokers to implement reasonable security practices and procedures to protect personal information. When a data broker fails to adhere to these registration and disclosure obligations, the Attorney General has the authority to enforce the provisions of the WV CSPA. Enforcement actions can include imposing civil penalties. The maximum civil penalty for a violation of the WV CSPA is \$5,000 for each violation. Therefore, if a data broker fails to register and provide the required disclosures, and this failure is deemed a single violation, the potential penalty would be \$5,000. The WV CSPA does not differentiate penalties based on the volume of data collected or the number of consumers affected for a single instance of non-compliance with the registration and disclosure mandate, but rather for each distinct violation.

The West Virginia Consumer Privacy Act (WV CPL) grants consumers specific rights regarding their personal information collected by businesses. One of these rights is the right to opt-out of the sale of personal information. While the WV CPL does not define “sale” in the same exhaustive manner as some other state privacy laws, the general understanding and intent is to cover situations where a business receives monetary or other valuable consideration in exchange for sharing personal information with a third party for the third party’s own purposes. This often involves data brokers or entities that use data for targeted advertising. In the scenario presented, “Apparel Innovators Inc.” is sharing customer purchase history and browsing data with “Market Insights Group.” Market Insights Group is providing Apparel Innovators Inc. with detailed demographic analyses and consumer trend reports in return for this data. This exchange constitutes valuable consideration for both parties. Apparel Innovators Inc. receives market intelligence to refine its business strategies, and Market Insights Group receives raw data to aggregate, analyze, and likely resell or use for its own analytics services. Therefore, this transaction falls under the purview of what is considered a “sale” or “sharing” of personal information under the WV CPL, triggering the consumer’s right to opt-out. The company must honor this request by ceasing the disclosure of the consumer’s personal information to Market Insights Group for this purpose. The WV CPL emphasizes transparency and consumer control over personal data, and this action directly upholds those principles.

The West Virginia Consumer Privacy Act (WV CPL) grants consumers the right to request that a business disclose the categories and specific pieces of personal information it collects about them, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting or selling personal information, and the categories of third parties with whom the business shares personal information. This is often referred to as the “right to know.” When a consumer makes such a request, the business must respond within 45 days. This period can be extended by an additional 45 days if reasonably necessary, provided the business informs the consumer of the extension and the reasons for the delay within the initial 45-day period. The WV CPL also specifies that a business cannot be required to disclose information that would require the business to re-identify or further process data that is not intended to be processed for the purpose of re-identification. Furthermore, the law emphasizes that a business is not required to provide personal information to a consumer more than twice in a 12-month period. The core of the question revolves around the permissible scope of a business’s response to a consumer’s request for information under the WV CPL, specifically concerning the obligation to provide information that would reveal trade secrets or proprietary information that is integral to the business’s operations and that the business has taken reasonable measures to protect. The WV CPL, similar to other state privacy laws, includes exemptions for information that, if disclosed, would reveal a trade secret or other proprietary information that is integral to the business’s operations and that the business has taken reasonable measures to protect. This exemption is designed to balance consumer privacy rights with the legitimate need of businesses to protect their confidential and proprietary information. Therefore, a business is not obligated to disclose information that falls under this trade secret or proprietary information exemption.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers the right to opt out of the sale of their personal information. When a business receives a verifiable consumer request to opt out of the sale of personal information, the business must comply with this request. This compliance involves ceasing the sale of that consumer’s personal information. Furthermore, the WV-CPA requires businesses to provide clear and conspicuous notice about the right to opt out of the sale of personal information. This notice should be easily accessible to consumers. The law specifies that a business cannot discriminate against a consumer for exercising their opt-out rights. This non-discrimination principle is crucial for ensuring that consumers can freely exercise their privacy rights without fear of adverse consequences. The WV-CPA defines “sale” broadly to include disclosing personal information for monetary or other valuable consideration. Therefore, any transaction involving the exchange of personal information for value, even if not a direct monetary payment, would likely be considered a sale under the act. The primary obligation upon receiving a verifiable opt-out request is to cease the sale of the specified personal information.

No calculation is required for this question as it tests understanding of legal principles rather than numerical computation. The West Virginia Consumer Privacy Act (WVCPPA) outlines specific rights for consumers regarding their personal information. One crucial aspect is the right to opt-out of the sale or sharing of personal information. The Act defines “sale” broadly, encompassing the exchange of personal information for monetary consideration, but also for other valuable consideration. This includes situations where data is shared with third parties for targeted advertising or other business purposes that benefit the recipient, even if no direct payment occurs. The law mandates that businesses provide clear notice of such practices and mechanisms for consumers to exercise their opt-out rights. This protection is a cornerstone of consumer data control, empowering individuals to limit the dissemination of their data beyond the initial collection purpose. The intent is to prevent the uncontrolled monetization of personal data without explicit consent or a clear opt-out pathway, aligning with broader trends in state-level privacy legislation across the United States. Understanding the scope of “sale” and the procedural requirements for opt-out mechanisms is vital for compliance.

No calculation is required for this question as it tests conceptual understanding of West Virginia’s data breach notification requirements. West Virginia Code §46A-4-104 outlines the obligations of a person or business that conducts business in West Virginia and owns or licenses computerized data that includes personal information. This statute mandates notification to affected individuals if there is a breach of the security of the data. The notification must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the integrity of the data. For residents of West Virginia, a breach affecting 1,000 or more individuals triggers a specific notification requirement to the Attorney General. The Attorney General’s office then has the discretion to determine the method of notification, which can include direct mail, electronic notification, or even media notification if direct contact is not feasible or if the Attorney General deems it appropriate to inform a broader audience about the breach. The law prioritizes timely and effective communication to protect consumers from potential harm resulting from unauthorized access to their personal information.

The West Virginia Consumer Privacy Act (WV CPL) grants consumers the right to opt-out of the sale of their personal information. A “sale” under the WV CPL is broadly defined to include situations where a business discloses personal information for monetary or other valuable consideration. The Act specifies that this includes situations where a business shares personal information with a third party for targeted advertising. However, the Act also carves out exceptions where such disclosure does not constitute a sale, such as when the disclosure is to a processor providing services on behalf of the business, or when the disclosure is to a third party for purposes for which the consumer has provided consent, or when the disclosure is to a third party for purposes that are reasonably aligned with the consumer’s expectations based on their relationship with the business and the context of the disclosure. In the scenario presented, Mountaineer Data Solutions (MDS) is sharing customer browsing history and purchase data with AdTarget Inc. for the purpose of displaying personalized advertisements to those customers on other websites. AdTarget Inc. is providing this service in exchange for a portion of the advertising revenue generated from these personalized ads. This exchange of data for a share of advertising revenue clearly falls under the definition of “sale” as it involves disclosing personal information for valuable consideration, specifically a revenue share, for the purpose of targeted advertising. Therefore, MDS must provide consumers with a clear notice and an opportunity to opt-out of this data sharing practice. The fact that AdTarget Inc. is a third party and the data is used for targeted advertising, coupled with the revenue-sharing arrangement, makes it a sale under the WV CPL. The purpose of the data sharing is to facilitate targeted advertising, which is explicitly mentioned as a form of sale if valuable consideration is exchanged. The consideration here is the revenue share. The exceptions do not apply because AdTarget Inc. is not acting as a processor for MDS, nor is there any indication that consumers have provided specific consent for this particular data sharing arrangement beyond their initial relationship with MDS, nor is it reasonably aligned with their expectations of simply browsing a website.

No calculation is required for this question as it tests conceptual understanding of West Virginia’s approach to data breach notification. West Virginia’s data breach notification law, primarily codified in West Virginia Code § 46A-2A-101 et seq., mandates specific actions when a breach of personal information occurs. The law defines “personal information” broadly to include various types of data that can be linked to an individual. When a breach is discovered or reasonably suspected, the entity holding the data must conduct a good faith investigation to determine if a breach occurred and if personal information was compromised. If the investigation confirms a breach affecting residents of West Virginia, the entity must notify affected individuals without unreasonable delay. The notification must include a description of the incident, the types of personal information involved, and steps individuals can take to protect themselves. Importantly, the law also requires notification to the West Virginia Attorney General if the breach affects more than 1,000 West Virginia residents. The timing of notification is crucial, with a general requirement to notify without unreasonable delay, and a presumption that notification within 60 days of discovery is reasonable. The law also allows for substitute notification if direct notification is not feasible, such as through posting on the entity’s website or mass media announcements, provided the Attorney General is notified and approves. The focus is on timely and informative communication to mitigate harm to affected individuals and to inform the state’s consumer protection agency.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers specific rights regarding their personal information. One crucial aspect is the right to opt-out of the sale of personal information. The WV-CPA defines “sale” broadly to include situations where a business discloses personal information for monetary or other valuable consideration, even if that consideration is not direct payment. This definition is designed to capture a wide range of data-sharing practices that could benefit a business through indirect means. Consider a West Virginia-based company, “Appalachian Analytics,” which provides market research services. Appalachian Analytics collects data on consumer purchasing habits within West Virginia. Instead of directly selling this data, Appalachian Analytics enters into an agreement with “Mountain Insights,” another West Virginia entity. Under this agreement, Mountain Insights gains access to aggregated, anonymized consumer purchasing data from Appalachian Analytics. In exchange, Mountain Insights provides Appalachian Analytics with access to its proprietary customer demographic profiles, which Appalachian Analytics uses to enhance its own market analysis and client offerings. This exchange, while not a direct monetary transaction for the data itself, constitutes “other valuable consideration” because the demographic profiles are valuable assets that improve Appalachian Analytics’ business operations and market position. Therefore, this transaction falls under the WV-CPA’s definition of a “sale” of personal information, triggering the requirement for Appalachian Analytics to provide consumers with an opt-out mechanism for such disclosures. The core principle is the transfer of personal information in exchange for something of value that benefits the disclosing entity, regardless of whether that value is purely monetary or takes the form of access to other valuable resources or services.

The West Virginia Consumer Privacy Act (WV C.P.A.) grants consumers the right to opt out of the sale of their personal information. A “sale” under the WV C.P.A. is broadly defined and includes situations where a business discloses personal information for monetary or other valuable consideration. This consideration does not need to be direct financial payment; it can encompass other benefits that provide value to the disclosing party. In the scenario presented, “Mountain State Solutions,” a West Virginia-based marketing firm, shares customer email addresses with “Appalachian Analytics,” a data broker, in exchange for access to Appalachian Analytics’ proprietary customer segmentation tools. These tools allow Mountain State Solutions to refine its marketing strategies and identify potential new clients, which represents a significant “valuable consideration” for the shared data. Therefore, this disclosure constitutes a sale of personal information under the WV C.P.A., triggering the opt-out rights of affected consumers. The core principle is the exchange of personal information for something of value, irrespective of whether that value is purely monetary or includes enhanced business capabilities. This interpretation aligns with the legislative intent to give consumers control over how their data is leveraged by third parties, even when the transaction is not a direct cash payment.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers the right to opt-out of the sale of their personal information. A “sale” under the WV-CPA is broadly defined and includes situations where a business discloses personal information for monetary or other valuable consideration, even if that consideration is not direct payment. This definition extends to situations where data is shared with third parties for targeted advertising or to improve services, if there is an exchange of value. In this scenario, the West Virginia-based healthcare provider is sharing de-identified patient data with a research firm. While the data is de-identified, the WV-CPA still applies to the disclosure if there is an exchange of valuable consideration. The research firm is providing “valuable consideration” by funding the provider’s research initiatives. This funding, even if not a direct payment for the data itself, constitutes consideration for the disclosure of the information, thus triggering the “sale” definition under the WV-CPA. Therefore, the healthcare provider must provide consumers with notice of this practice and an opportunity to opt-out. The WV-CPA’s provisions regarding de-identified data are primarily focused on ensuring that the data is truly anonymized and cannot be reasonably used to identify an individual. However, the act of selling or sharing this data, even if de-identified, still falls under the opt-out rights if valuable consideration is exchanged. The provider’s internal policy that overrides statutory rights is not legally permissible. The scenario does not involve a service provider agreement that would exempt the disclosure from being considered a sale, as the primary purpose is research funding, not the provision of a service directly to the consumer.

The West Virginia Consumer Privacy Act (WV CPL) outlines specific rights for consumers regarding their personal information. A key aspect of this legislation, similar to many other state privacy laws, is the requirement for businesses to respond to consumer requests. The law specifies a timeframe within which these requests must be acknowledged and addressed. While the exact number of days can vary between different state privacy laws, the WV CPL mandates a specific response period for verifiable consumer requests. For instance, a request to know or delete personal information must generally be acted upon within a certain number of days. Businesses are expected to confirm receipt of the request and then proceed with the investigation and action within the stipulated period. Failure to adhere to these timelines can result in enforcement actions. The law also allows for an extension under certain circumstances, provided the consumer is notified of the delay and the reasons for it. This structured approach ensures that consumer rights are respected and that businesses maintain transparency and accountability in their data handling practices. The core principle is to provide consumers with timely access to and control over their personal data.

West Virginia’s approach to data breach notification, particularly concerning sensitive personal information, is primarily governed by the West Virginia Breach of Personal Information Act, W. Va. Code § 46-2-1 et seq. This act mandates that any entity conducting business in West Virginia that owns or licenses computerized data that includes personal information of West Virginia residents must notify affected individuals in the event of a security breach. The definition of “personal information” under this act is broad, encompassing not only names and addresses but also financial account numbers, medical information, and other data that, if compromised, could lead to identity theft or other harm. The notification must be made without unreasonable delay and must include specific details about the breach, the type of information involved, and steps individuals can take to protect themselves. Crucially, the law requires notification to the Attorney General’s office if the breach affects more than 1,000 residents. The act also specifies acceptable methods of notification, including written notice, electronic notice, or, in certain circumstances, substitute notice. The critical aspect for this scenario is the threshold for notifying the Attorney General, which is triggered when the breach impacts a significant portion of the state’s population, or a substantial number of individuals, necessitating a broader public awareness and potential state-level response. While no direct calculation is involved, understanding the scale of the breach in relation to the state’s population is key to determining the appropriate notification requirements. The prompt implicitly requires an understanding of when a breach becomes significant enough to warrant state-level notification beyond individual notices. A breach affecting 1,000 or more residents triggers this additional requirement. Therefore, the threshold for notifying the Attorney General is 1,000 individuals.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers rights regarding their personal information. Specifically, it requires that a business provide clear notice to consumers about the categories of personal information collected, the purposes for which the personal information is collected or used, and whether the personal information is sold or shared. When a consumer makes a verifiable request to access or delete their personal information, a controller must respond within 45 days. This period can be extended by an additional 45 days if reasonably necessary, provided the controller informs the consumer of any such extension within the initial 45-day period, along with the reasons for the delay. The WV-CPA does not mandate a specific percentage threshold for data sales to trigger obligations, but rather focuses on the act of selling or sharing personal information. Therefore, any sale or sharing, regardless of volume, necessitates adherence to the law’s disclosure and consumer rights provisions. The concept of “selling” personal information under the WV-CPA is broadly defined and includes exchanging personal information for monetary or other valuable consideration. The law also emphasizes transparency in data practices and provides consumers with rights to opt-out of the sale of their personal information.

No calculation is required for this question as it tests conceptual understanding of West Virginia’s approach to data breach notification under the West Virginia Consumer Credit and Protection Act (WVCCPA). The WVCCPA, specifically referencing West Virginia Code §46A-2-120 et seq., mandates notification to affected individuals in the event of a breach of the security of personal information. This notification must be made without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach, restore the integrity of the system, and prevent further breaches. The law does not specify a fixed number of days for notification, but rather requires it to be without unreasonable delay. Therefore, the core principle is promptness, balanced against legitimate investigative needs. The law also outlines acceptable methods of notification, which can include written notification, electronic notification if it conforms to specific requirements, or if direct notification is not feasible, substitute notification. The emphasis is on ensuring the consumer is made aware of the breach and the potential risks.

No calculation is required for this question as it tests conceptual understanding of West Virginia’s data breach notification obligations. The West Virginia Consumer Privacy Act (WCCPA) requires businesses to provide notification to affected West Virginia residents following a data breach. The threshold for notification is when unencrypted personal information is acquired by an unauthorized person, or when there is reason to believe such an acquisition has occurred and the information is reasonably believed to be subject to acquisition. The notification must be made without unreasonable delay and in any event, no later than 45 days after the discovery of the breach, unless a longer period is required for specific reasons. The notification must include specific content as outlined in West Virginia Code §46A-4-104, such as the nature of the breach, the types of information involved, and steps individuals can take to protect themselves. The absence of a specific monetary threshold for notification under the WCCPA means that any breach involving unencrypted personal information, regardless of the number of affected individuals or the potential financial loss, triggers the notification requirement. The focus is on the unauthorized acquisition of personal information and the potential for harm to consumers, rather than a minimum number of individuals impacted or a specific dollar amount of data compromised. Therefore, a breach affecting even a single West Virginia resident’s unencrypted personal information necessitates notification under the Act.

The West Virginia Consumer Privacy Act (WV CPL) grants consumers rights regarding their personal information. Specifically, West Virginia Code §46A-6C-104 outlines the rights of consumers. Among these rights is the ability for a consumer to request that a business delete personal information collected about them, subject to certain exceptions. West Virginia Code §46A-6C-105 details the obligations of a business upon receiving such a request. A business must confirm receipt of the consumer’s request within ten business days. Furthermore, the business must fulfill the request within forty-five days of receiving it. This fulfillment period can be extended by an additional forty-five days if reasonably necessary, provided the business informs the consumer of the extension and the reasons for the delay within the initial forty-five-day period. The law also specifies that a business is not required to delete personal information if it is necessary to complete a transaction for which the personal information was collected, detect security incidents, protect against malicious or fraudulent activity, or comply with a legal obligation. The question assesses the understanding of the timeframe for a business to respond to a deletion request under the WV CPL, including potential extensions.

The West Virginia Consumer Privacy Act (WV-CPA) grants consumers the right to opt-out of the sale of personal information. When a consumer exercises this right, a business must cease selling that consumer’s personal information. The WV-CPA defines “sale” broadly to include disclosing personal information for monetary or other valuable consideration. However, the law also provides specific exemptions. One such exemption is for disclosing personal information to a service provider for the purpose of providing services to the business. In this scenario, a West Virginia resident, Ms. Eleanor Vance, opts out of the sale of her personal data. The company, “Appalachian Analytics,” which operates in West Virginia and collects consumer data, uses a third-party vendor, “Mountain Data Solutions,” to analyze consumer purchasing habits. Appalachian Analytics shares Ms. Vance’s anonymized purchasing data with Mountain Data Solutions to generate reports that help Appalachian Analytics understand market trends. This disclosure is not for direct marketing by Mountain Data Solutions, nor is it a sale of Ms. Vance’s identity. Instead, it is a disclosure to a vendor to perform a service for Appalachian Analytics. Therefore, this disclosure to Mountain Data Solutions, as a service provider for analytical purposes, falls under an exemption to the definition of “sale” under the WV-CPA, provided that the contract with Mountain Data Solutions prohibits them from using the data for any other purpose, including their own commercial benefit or for resale. The key is that the data is shared for a specific service benefiting Appalachian Analytics, not for the third party’s independent commercial gain or for the purpose of marketing to the consumer.

The scenario describes a data breach affecting a West Virginia-based healthcare provider. West Virginia law, specifically referencing the West Virginia Data Breach Notification Act (WV Code § 46A-4-101 et seq.), mandates specific notification requirements when a breach of personal information occurs. Personal information is defined broadly to include a West Virginia resident’s first name or first initial and last name in combination with any one or more of the following data elements, when the data element is not encrypted, redacted, or otherwise altered in a manner rendering it unreadable: Social Security number, driver’s license number, state identification card number, account number, credit or debit card number, or any required security code, access code, or password that would permit access to a consumer’s financial account. The law requires notification to affected individuals and, in certain circumstances, to the Attorney General. The threshold for notification is the acquisition of or access to, without authorization, personal information. The prompt does not provide specific numbers of affected individuals or the exact nature of the data compromised beyond “sensitive patient data,” but the core obligation to notify arises from the unauthorized acquisition of personal information. Therefore, the initial step upon discovering such a breach is to assess the scope and nature of the compromised data to determine if it meets the definition of personal information under West Virginia law and to initiate the notification process as required by the statute. This includes understanding the specific types of data compromised and whether they fall under the statutory definition of “personal information” and the timing of such notification.

The West Virginia Consumer Privacy Act (WV-CPA) defines a “consumer” as a natural person who is a resident of West Virginia. The definition of “resident” under the WV-CPA is crucial for determining who is afforded protection under the act. While the act itself does not provide an exhaustive list of factors for residency, it generally aligns with common understanding and other state privacy laws, which often consider factors such as domicile, intent to remain, and physical presence. The WV-CPA specifically targets consumers who are residents of the state. Therefore, a person who is merely visiting West Virginia temporarily, without establishing domicile or intent to remain, would not be considered a resident for the purposes of the WV-CPA. The act’s scope is tied to the state’s jurisdiction over its residents. The core principle is that the law protects individuals who are demonstrably part of the West Virginia populace.