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Data breach notification

West Virginia data breach notification law

West Virginia's Breach of Security of Consumer Information article runs from W. Va. Code § 46A-2A-101 to § 46A-2A-105.

Its notice goes to residents and, for large breaches, to consumer reporting agencies. No state regulator is named to receive it.

What a West Virginia breach involves

The duty covers a resident "whose unencrypted and unredacted personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person" where that "causes, or the individual or entity reasonably believes has caused or will cause, identity theft or other fraud to any resident of this state."

Both words matter: accessed and acquired. And the fraud condition means a breach with no actual or reasonably expected identity theft or fraud sits outside the duty.

Encrypted or redacted data is outside it as well, because the trigger speaks only of unencrypted and unredacted information.

Personal information

The definition is "the first name or first initial and last name linked to any one or more of the following data elements that relate to a resident of this state, when the data elements are neither encrypted nor redacted".

The elements are three: a Social Security number; a driver's license or state identification number; and an account or card number with any required code or password.

Timing and the 1,000 mark

"The notice shall be made without unreasonable delay." There is no day count.

"If an entity is required to notify more than one thousand persons of a breach of security pursuant to this article, the entity shall also notify, without unreasonable delay, all consumer reporting agencies".

Section 46A-2A-102 as published has no Attorney General or other regulator notice.

Where ShareAndGo fits

A Charleston or Morgantown business sending loan files and license scans to a lender or buyer needs a clear picture afterward of whose details went where.

For documents you share through ShareAndGo, the activity log records every view and download, and watermarked view-only pages carry the reader's email address and the date.

Watermarking is a per-room setting, on by default. Buyers and lenders confirm a six-digit code sent to their email and need no account, each group sees only its folders, and the chained log exports as CSV.

West Virginia questions

Does the Attorney General receive breach notices?
Not under § 46A-2A-102 as published. It names residents and, above 1,000 persons, the consumer reporting agencies.
Is there a deadline in days?
No. The notice is made without unreasonable delay.
What if no fraud is expected?
The duty is tied to a breach that causes, or is reasonably believed to cause, identity theft or other fraud.
Which identifiers are covered?
A Social Security number, a driver's license or state ID number, or an account or card number with its required code or password, linked to a name.

Checked against

Read from §§ 46A-2A-101 and 46A-2A-102 on the West Virginia Legislature's code site.

Checked against West Virginia's published law on November 2, 2026. This is general information, not legal advice.

Where next

Breach notification laws by state

Breach notification laws, all jurisdictions.

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