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WV · data breach notification

West Virginia

med

W. Va. Code §46A-2A-101 et seq.

Individual deadline
No fixed limit
Trigger standard
Risk of harm
AG / regulator
Not required
Notice to individualsin the most expedient time possible and without unreasonable delay
Risk-of-harm standardnotice where breach causes or is reasonably believed to cause identity theft or other fraud
Encryption safe harborYes, encrypted data (key not compromised) generally exempt.
Regulator noticeNot required for private-entity breaches.
Credit reporting agenciesNotify CRAs above 1,000 residents.
Substitute noticeTypically available above $250,000 cost / 500,000 affected (verify).
Private right of actionNo, enforcement by the state.
PenaltiesAG exclusive enforcement; civil penalty on court finding

Rule last verified July 10, 2026 · confidence med. This is a reference summary, not legal advice; verify against the current statute. How we compile this →

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