WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(f) The use of biometrics is growing in the business and security screening sectors and appears to promise streamlined financial transactions and security screenings. (b) Biometrics are unlike other unique identifiers that are used to access finances or other sensitive information. For example, social security numbers, when compromised, can be changed. Biometrics, however, are biologically unique to the individual; therefore, once compromised, the individual has no recourse, is at heightened risk for identity theft, and is likely to withdraw from biometric-facilitated transactions. (c) An overwhelming majority of members of the public are weary of the use of biometrics when such information is tied to finances and other personal information. (d) Despite limited state law regulating the collection, use, safeguarding, and storage of biometrics, many members of the public are deterred from partaking in biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2-facilitated transactions. (e) The full ramifications of biometric technology are not fully known. (f) The public welfare, security, and safety will be served by regulating the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 and information.
Section 15-17-1 sets out legislative findings establishing the rationale for regulating biometric identifiers and biometric information. The findings emphasize the irreversibility of biometric compromise — unlike social security numbers, biometric identifiers cannot be changed once exposed — and note growing public concern about biometric use in financial transactions and security screening. This section creates no compliance obligations.
"Biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.
"Biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 used to identify an individual. Biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 does not include information derived from items or procedures excluded under the definition of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2.
"Confidential and sensitive informationConfidential and sensitive information"Confidential and sensitive information" means personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of confidential and sensitive information include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a PIN number, a pass code, a driver's license number, or a Social Security number.W. Va. Code § 15-17-2" means personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of confidential and sensitive informationConfidential and sensitive information"Confidential and sensitive information" means personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of confidential and sensitive information include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a PIN number, a pass code, a driver's license number, or a Social Security number.W. Va. Code § 15-17-2 include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a PIN number, a pass code, a driver's license number, or a Social Security number.
"Private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 does not include a state or local government agency. A private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.
"Written releaseWritten release"Written release" means informed written consent or, in the context of employment, a release executed by an employee as a condition of employment.W. Va. Code § 15-17-2" means informed written consent or, in the context of employment, a release executed by an employee as a condition of employment.
Section 15-17-2 defines the key terms used throughout the act. Biometric identifier is defined narrowly to cover retina or iris scans, fingerprints, voiceprints, and scans of hand or face geometry — with extensive carve-outs for photographs, writing samples, HIPAA-covered health data, medical imaging, and anatomical gift materials. Private entity covers any individual or organization but expressly excludes state and local government agencies and West Virginia courts. Written release is defined as informed written consent, with a specific employment-context carve-out allowing releases executed as a condition of employment.
(a) 1 A private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 in possession of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 and biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within three years of the individual's last interaction with the private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2, whichever occurs first. Absent a valid warrant or subpoena issued by a court of competent jurisdiction, a private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 in possession of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 must comply with its established retention schedule and destruction guidelines.
(b)(1)–(3) 2 No private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2, unless it first: (1) Informs the subject or the subject's legally authorized representative in writing that a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 is being collected or stored; (2) Informs the subject or the subject's legally authorized representative in writing of the specific purpose and length of term for which a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 is being collected, stored, and used; and (3) Receives a written releaseWritten release"Written release" means informed written consent or, in the context of employment, a release executed by an employee as a condition of employment.W. Va. Code § 15-17-2 executed by the subject of the biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 or the subject's legally authorized representative.
(c) 3 No private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 in possession of a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 may sell, lease, trade, or otherwise profit from a person's or a customer's biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2.
(d)(1)–(4) 4 No private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 in possession of a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 may disclose, redisclose, or otherwise disseminate a person's or a customer's biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 unless: (1) The subject of the biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 or the subject's legally authorized representative consents to the disclosure or redisclosure; (2) The disclosure or redisclosure completes a financial transaction requested or authorized by the subject of the biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or the biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 or the subject's legally authorized representative; (3) The disclosure or redisclosure is required by state or federal law or municipal ordinance; or (4) The disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
(e)(1)–(2) 5 A private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 in possession of a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 shall: (1) Store, transmit, and protect from disclosure all biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 and biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 using the reasonable standard of care within the private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2's industry; and (2) Store, transmit, and protect from disclosure all biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 and biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 in a manner that is the same as or more protective than the way the private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 stores, transmits, and protects other confidential and sensitive informationConfidential and sensitive information"Confidential and sensitive information" means personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of confidential and sensitive information include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a PIN number, a pass code, a driver's license number, or a Social Security number.W. Va. Code § 15-17-2.
Section 15-17-3 is the operative core of the act, imposing five distinct categories of obligations on private entities that possess, collect, or disclose biometric identifiers or biometric information. Subsection (a) requires a publicly available written retention and destruction policy. Subsection (b) requires written notice and a written release before any collection. Subsection (c) prohibits profiting from biometric data. Subsection (d) restricts disclosure to four enumerated exceptions. Subsection (e) imposes data security obligations referencing both industry-standard care and internal parity with how the entity protects other confidential information.
The structure closely mirrors the Illinois BIPA (740 ILCS 14/15), with substantially identical language across all five subsections.
(1)–(4) Any person aggrieved by a violation of this article has a right of action in circuit court or as a supplemental claim in federal district court against an offending party. A prevailing party may recover for each violation: (1) Against a private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 that negligently violates a provision of this article, liquidated damages of $1,000 or actual damages, whichever is greater; (2) Against a private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency. A private entity does not include any court of West Virginia, a clerk of the court, or a judge or justice thereof.W. Va. Code § 15-17-2 that intentionally or recklessly violates a provision of this article, liquidated damages of $5,000 or actual damages, whichever is greater; (3) Reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses; and (4) Other relief, including an injunction, as the state or federal court may consider appropriate.
Section 15-17-4 creates a private right of action for any person aggrieved by a violation of the act. The provision establishes a two-tier damages structure based on culpability: $1,000 in liquidated damages per violation for negligent violations and $5,000 per violation for intentional or reckless violations, in each case with actual damages as an alternative if greater. Prevailing parties may also recover attorneys' fees, expert witness fees, other litigation expenses, and injunctive relief. No administrative enforcement mechanism or state agency role is created.
(a) Nothing in this article may be construed to impact the admission or discovery of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include donated organs, tissues, or parts as defined in the West Virginia Anatomical Gift Act in §16-19-1 et seq. of this code or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.W. Va. Code § 15-17-2 and biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.W. Va. Code § 15-17-2 in any action of any kind in any court, or before any tribunal, board, agency, or person.
(b) Nothing in this article may be construed to conflict with the federal Health Insurance Portability and Accountability Act of 1996 and the rules promulgated under that act.
(c) Nothing in this article may be considered to apply in any manner to a financial institution or an affiliate of a financial institution that is subject to Title V of the federal Gramm-Leach-Bliley Act of 1999 and the rules promulgated thereunder.
(d) Nothing in this article may be construed to apply to a contractor, subcontractor, or agent of a state agency or local unit of government when working for that state agency or local unit of government.
Section 15-17-5 contains four savings clauses limiting the act's scope. Subsection (a) preserves the admissibility and discoverability of biometric data in legal proceedings. Subsection (b) protects HIPAA from conflict. Subsection (c) exempts financial institutions subject to the Gramm-Leach-Bliley Act. Subsection (d) exempts contractors and agents of government agencies when working in that capacity. These provisions create no new compliance obligations.