H. B. 2649
(By Delegates Wells, Iaquinta and Argento)
[Introduced January 13, 2010; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §5A-7-11 of the Code of West Virginia,
1931, as amended, relating to confidential records.
Be it enacted by the Legislature of West Virginia:
That §5A-7-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION.
§5A-7-11. Confidential records.
Under no circumstances whatever shall the head of any state
department or agency deliver to the division any records required
by law to be kept confidential, but such head may extract
information from such records for data processing by such division,
provided the integrity of such confidential records is fully
protected The head of any state department or agency may grant the
chief technology officer in the Department of Administration access
to records, databases and information required by law to be kept confidential. The chief technology officer shall ensure that the
security and privacy of any confidential information is, at a
minimum, maintained at the same level that the granting department
or agency is required by law to maintain. The chief technology
officer shall develop policies and procedures for the safekeeping
of all confidential information required by law to be kept
confidential.
NOTE: The purpose of this bill is authorize the chief
technology officer to receive confidential records and have access
to agencies' databases which may contain confidential information,
while accepting the responsibility to safeguard this information as
defined by applicable law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.