WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Introduced
House Bill 5528
By Delegates D. Cannon, Vance, and Marple
[Introduced February 13, 2026; referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-2-31, relating to providing protection of personal residential information of certain public officials; providing for legislative findings; setting forth definitions; providing a restriction on government disclosure; setting forth permitted disclosures; defining obligations of data custodians; and establishing a civil remedy.
Be it enacted by the Legislature of West Virginia:
(a) Legislative findings. – The Legislature finds that judges, magistrates, prosecutors, and sworn law-enforcement officers face heightened risks of threats, harassment, and violence due to the nature of their official duties. Protecting limited personal identifying information is necessary to ensure public safety and the effective administration of justice, while respecting constitutional free-speech protections.
(b) Definitions. – For purposes of this section:
(1) "Covered individual" means:
(A) Any retired justice, judge, magistrate, or family court judge of the State of West Virginia;
(B) Any retired prosecuting attorney or assistant prosecuting attorney;
(C) Any active or retired sworn law-enforcement officer employed by the State, a county, or a municipality; and
(D) Any immediate family member residing in the same household as such individual.
(2) "Personal residential information" means:
(A) A home street address;
(B) A personal residential telephone number;
(C) A personal cellular telephone number not issued by an employing agency.
(c) Restriction on government disclosure. – No state agency, county, municipality, or political subdivision may knowingly disclose the personal residential information of a covered individual on a publicly accessible website, database, or record, except as provided in subsection (d).
(d) Permitted disclosures. – This section does not prohibit disclosure of personal residential information when:
(1) Required by federal law or court order;
(2) Provided to law-enforcement agencies for official purposes;
(3) Provided to election officials for voter registration or candidacy requirements, provided such information is not made publicly accessible;
(4) Provided pursuant to a valid subpoena or lawful discovery request under seal; or
(5) Voluntarily disclosed by the covered individual.
(e) Obligations of data custodians. – Any public body maintaining records that include personal residential information of a covered individual shall, upon request of the individual, redact such information from public-facing records to the extent permitted by law.
(f) Civil remedy. – A covered individual whose personal residential information is disclosed by a public body in violation of this section may bring a civil action for:
(1) Injunctive relief;
(2) Actual damages; and
(3) Reasonable attorney's fees and court costs.
(g) Construction. – Nothing in this section shall be construed to:
(1) Prohibit lawful newsgathering or reporting;
(2) Restrict speech by private individuals;
(3) Create criminal liability for publication of information obtained from non-governmental sources; or
(4) Limit access to records otherwise available under the West Virginia Freedom of Information Act, except as expressly provided herein.
NOTE: The purpose of this bill is to provide protection of personal residential information of certain public officials.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.