On January 25, 2024, the West Virginia State Legislature introduced House Bill 5112, aimed at enhancing consumer data privacy protections. This bill seeks to address growing concerns over data security and the unauthorized access of personal information by establishing clear rights for consumers regarding their data.

The primary provisions of House Bill 5112 include the establishment of consumer rights to request copies of personal data collected by businesses, the ability to have personal information deleted or corrected, and the right to opt-out of data collection practices. Additionally, the bill introduces a private cause of action for consumers whose nonencrypted and nonredacted personal information is compromised due to a business's failure to maintain reasonable security practices. Consumers may seek damages ranging from $100 to $750 per incident or actual damages, whichever is greater.

The enforcement mechanism outlined in the bill empowers the West Virginia Division of Consumer Protection to take action against businesses that violate these provisions. The division can impose civil penalties of up to $2,500 for unintentional violations and $7,500 for intentional violations, with increased penalties for violations involving minors.

Debate surrounding House Bill 5112 has highlighted concerns from various stakeholders. Proponents argue that the bill is a necessary step to protect consumer rights in an increasingly digital world, where data breaches are becoming more common. Critics, however, express concerns about the potential burden on businesses, particularly small enterprises, which may struggle to comply with the new regulations.

The implications of this bill are significant, as it aligns West Virginia with a growing national trend toward stronger data privacy laws. Experts suggest that if passed, House Bill 5112 could lead to increased consumer trust in businesses that prioritize data security, while also prompting companies to invest more in safeguarding personal information.

As the legislative process unfolds, the bill's future remains uncertain, with potential amendments and further discussions anticipated in the coming weeks. The outcome of House Bill 5112 could set a precedent for data privacy legislation in West Virginia and influence similar efforts in other states.