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Introduced Version Senate Bill 534 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 534

(By Senators Bowman, Snyder and Minard)

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[Introduced March 10, 2009; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §5A-7-11 of the Code of West Virginia, 1931, as amended, relating to authorizing the Chief Technology Officer to receive confidential records and have access to an agency's database which may contain confidential information, while accepting the responsibility to safeguard this information as defined by applicable law; and providing a penalty.

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.
(a) 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.


(b) Any person who knowingly and willfully releases or causes to be released the confidential records and information described in this section, except under the specific circumstances enumerated in this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in the jail for not more than six months, or both.




NOTE: The purpose of this bill is to authorize the Chief Technology Officer to receive confidential records and have access to an agencies' database which may contain confidential information, while accepting the responsibility to safeguard this information as defined by applicable law; and to provide a penalty.

This section has been completely rewritten; therefore, strike-throughs and underscoring have been omitted.

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