HB3480 HFAT Linville 3-1

Casto 3264

Delegate Linville moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. House Bill No. 3480 – A Bill to amend the Code of West Virginia 1931, as amended, by adding thereto a new article, designated as §46A-6O-1, §46A-6O-2, §46A-6O-3, §46A-6O-4, §46A-6O-5, §46A-6O-6, §46A-6O-7, §46A-6O-8, §46A-6O-9, §46A-6O-10, §46A-6O-11, §46A-6O-12 and §46A-6O-13; and by adding thereto a new article, designated §46A-6P-1, §46A-6P-2, and §46A-6P-3, all relating to consumer privacy; relating to the enactment of the West Virginia Consumer Privacy Act of 2023; establishing a framework for controlling and processing personal data in the state; creating definitions; limiting application to all persons that conduct business in the state and either control or process personal data of at least 100,000 consumers or derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers;  providing exemptions; delineating responsibilities and privacy protection standards for data controllers and processors; clarifying standards do not apply to state or local governmental entities; providing exceptions for certain types of data and information governed by federal law; providing that consumers have rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising; providing that the Attorney General has exclusive authority to enforce violations of the law; providing for assistance of the Attorney General in obtaining relief; establishing the Consumer Privacy Fund is created to support this effort; and providing for construction and an effective date; relating to the enactment of the West Virginia Consumer Credit Privacy Act of 2023; providing definitions; providing prohibitions on disclosures or sales of certain consumer financial information; providing for civil remedies; and providing for enforcement actions by the Attorney General.

Adopted

Rejected