WV HB3498 | 2023 | Regular Session


Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: Introduced on February 14 2023 - 25% progression, died in committee
Action: 2023-02-20 - To House Finance
Pending: House Finance Committee
Text: Latest bill text (Introduced) [HTML]


The purpose of this bill is to all create the Consumer Data Protection Act. The bill establishes a framework for controlling and processing personal data in the state. The bill creates definitions. The bill limits application to all persons that conduct business in the state and either control or process personal data of at least 100,000 consumers or derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The bill provides for exemptions. The bill delineates responsibilities and privacy protection standards for data controllers and processors. The bill clarifies standards do not apply to state or local governmental entities. The bill provides exceptions for certain types of data and information governed by federal law. The bill provides that consumers have rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising. The bill provides that the Attorney General has exclusive authority to enforce violations of the law. The bill provides for assistance of the Attorney General in obtaining relief. The bill establishes the Consumer Privacy Fund to support this effort. Finally, the bill provides for construction and an effective date.

Tracking Information

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Relating to the Consumer Data Protection Act and establishing a framework for controlling and processing personal data in the State



2023-02-20HouseTo House Finance
2023-02-20HouseDo pass, but first to Finance
2023-02-14HouseTo House Technology and Infrastructure
2023-02-14HouseIntroduced in House
2023-02-14HouseTo Technology and Infrastructure then Finance
2023-02-14HouseFiled for introduction


Code Citations

ChapterArticleSectionCitation TypeStatute Text
46A6O1New CodeSee Bill Text
46A6O10New CodeSee Bill Text
46A6O11New CodeSee Bill Text
46A6O12New CodeSee Bill Text
46A6O13New CodeSee Bill Text
46A6O2New CodeSee Bill Text
46A6O3New CodeSee Bill Text
46A6O4New CodeSee Bill Text
46A6O5New CodeSee Bill Text
46A6O6New CodeSee Bill Text
46A6O7New CodeSee Bill Text
46A6O8New CodeSee Bill Text
46A6O9New CodeSee Bill Text

West Virginia State Sources

Bill Comments