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Home » US Law » 2022 West Virginia Code » Chapter 46A. West Virginia Consumer Credit and Protection Act » Article 2A. Breach of Security of Consumer Information

§46A-2A-101. Definitions

As used in this article: (1) "Breach of the security of a system" means the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of a database of personal information regarding multiple individuals and that causes the […]

§46A-2A-102. Notice of Breach of Security of Computerized Personal Information

(a) An individual or entity that owns or licenses computerized data that includes personal information shall give notice of any breach of the security of the system following discovery or notification of the breach of the security of the system to any resident of this state whose unencrypted and unredacted personal information was or is […]

§46A-2A-103. Procedures Deemed in Compliance With Security Breach Notice Requirements

(a) An entity that maintains its own notification procedures as part of an information privacy or security policy for the treatment of personal information and that are consistent with the timing requirements of this article shall be deemed to be in compliance with the notification requirements of this article if it notifies residents of this […]

§46A-2A-104. Violations

(a) Except as provided by subsection (c) of this section, failure to comply with the notice provisions of this article constitutes an unfair or deceptive act of practice in violation of section one hundred four, article six, chapter forty-six-a of this code, which may be enforced by the Attorney General pursuant to the enforcement provisions […]

§46A-2A-105. Applicability

This article shall apply to the discovery or notification of a breach of the security of the system that occurs on or after the effective date of this article.