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West Virginia data breach notification law

West Virginia's data breach notification requirements under W. Va. Code §§46A-2A-101 to 46A-2A-105. Below: the resident-notification deadline, AG/regulator filing threshold, the encryption safe harbor, private right of action exposure, penalty schedule, and the common pitfalls that turn an avoidable incident into a regulator enforcement action.

Statute
W. Va. Code §§46A-2A-101 to 46A-2A-105
Enforcer
West Virginia Attorney General
AG notification
Not required
Private right of action
No (AG-only enforcement)

Notification deadlines

Notify affected residents
In the most expedient time possible and without unreasonable delay
Notify the state regulator
No general AG-notice requirement
Notify consumer reporting agencies
Yes — if more than 1,000 residents, notify nationwide CRAs

When is notification required?

Trigger / harm threshold
Notification required when there is reasonable likelihood of harm
Encryption safe harbor
Yes — properly encrypted personal information is generally exempt from notification, provided the encryption key was not also compromised.

What counts as "personal information" under West Virginia law

First name/initial + last name with SSN, DL/state ID, financial account + access code

Penalties and enforcement

Enforcement under Consumer Credit and Protection Act — up to $5,000 per violation
Enforced by: West Virginia Attorney General. Official regulator page →

Common pitfalls

⚠ West Virginia has no AG-notice requirement but the AG still pursues delayed-notice cases under the WVCCPA

Frequently asked questions

How long do I have to notify West Virginia residents after a data breach?
In the most expedient time possible and without unreasonable delay
Do I have to notify the West Virginia Attorney General?
No general AG-notice requirement
Does West Virginia require notification to nationwide consumer reporting agencies?
Yes — if more than 1,000 residents, notify nationwide CRAs
Is encrypted data exempt from West Virginia's breach notification requirement?
Yes — West Virginia has an encryption safe harbor. Breaches of properly encrypted personal information generally do not trigger notification, provided the encryption key was not also compromised.
Can West Virginia residents sue me directly for a data breach?
No — West Virginia's breach statute does not provide a direct private right of action. Residents typically must rely on the AG to enforce, or pursue common-law negligence claims.
What counts as 'personal information' under West Virginia law?
First name/initial + last name with SSN, DL/state ID, financial account + access code
What are the penalties for failing to comply with West Virginia's breach notification law?
Enforcement under Consumer Credit and Protection Act — up to $5,000 per violation

Related state breach laws

Virginia (VA)
Va. Code §18.2-186.6
Washington (WA)
Wash. Rev. Code §19.255.010
Wisconsin (WI)
Wis. Stat. §134.98
Wyoming (WY)
Wyo. Stat. §§40-12-501 to 40-12-509

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