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Introduced Version House Bill 2772 History

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hb2772 intr
H. B. 2772


(By Delegate Hunt)
[Introduced March 1, 2005
; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §39A-2-10a, relating to requiring commercial entities who maintain databases containing resident individuals' personal information, to notify a resident individual, in writing, whenever the individual's personal information has been compromised by unauthorized disclosure; and defining personal information.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §39A-2-10a,
to read as follows:
ARTICLE 2. CONSUMER PROTECTIONS AND RESPONSIBILITIES IN ELECTRONIC TRANSACTIONS.


§39A-2-10a. Duty to notify consumer when personal data compromised.

Any commercial entity doing business in this state who maintains any electronic or other database in which personal information, of any kind whatsoever, is kept
of a resident individual, shall notify the resident individual, in writing, within ten days of the discovery of any unauthorized disclosure of the personal information, whether the disclosure was intended or not. For purposes of this section, "personal information" means any information unique to an individual which is not readily accessible to third parties, and which cannot be obtained without the individual's consent or authorization.



NOTE: The purpose of this section is to require commercial entities who maintain databases containing resident individuals' personal information, to notify a resident individual, in writing, whenever the individual's personal information has been compromised by unauthorized disclosure.


This section is new; therefore, strike-throughs and underscoring have been omitted.
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