Mandatory Timeframe for Breach Reporting and/or Consumer Notification

Without unreasonable delay
Laws related specifically to personal information
  • Breach Reporting & Consumer Notification
  • Protect personal information
  • Written Program for Protection/Security
  • Third Party: Specific Obligations
  • Third Party: Mandated Contracts
  • Employee Training
  • Data Disposal/Destruction
  • Risk Assessment
  • Requests for Information
Fines & Penalties

Violations of Breach and Notification Laws
Up to $150,000 per breach

Regulation Levels
  • Breach Reporting
  • Consumer Notifications
  • Third Party Management
  • Data Protection
  • None to minimal
  • Basic Requirements
  • Comprehensive Requirements
  • Extensive Requirements
Quick Facts
  • Breach reporting to all consumer reporting agencies that compile and maintain files on a nationwide basis is required if more than 1,000 persons are affected by a breach of security, without unreasonable delay.
  • There is specifically defined information that must be included in the consumer notification.
  • There are industry specific laws governing protection of personal data for health, insurance and education.
  • If vendor is breached, they must report it to the data owner.  The data owner will be responsible to complete the reporting and consumer notification.
  • If your breach affects residents in other states, you will need to notify those residents using that state’s rules.
Statutes and Laws
  • W. Va. Code §§ 46A-2A-101 – 46A-2A-105  Breach of Security of Consumer Information (2008)
  • W. Va. Code §§ 33-6F-1 – 33-6F-2   Insurance / Disclosure of Non-Public Personal Information
  • W. Va. Code § 18-2-5h  Student Data Accessibility, Transparency and Accountability Act
  • W. Va. Code §§ 16-29G-1 and 16-29G-8  West Virginia Health Information Network/ Privacy; protection of information
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