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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