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Can I collect browser information from participants in West Virginia? What are the requirements?

Collection of Browser Information in West Virginia

Based on the documents provided, it appears that collecting browser information from participants in West Virginia may be subject to certain requirements and restrictions.

Protection of Proprietary Business Information [1.2][2.1]

Broadband deployment information, including physical plant locations, subscriber levels, and market penetration data, constitutes proprietary business information and trade secrets. Such information is exempt from disclosure under the provisions of chapter twenty-nine-b of the West Virginia Code, provided that it is identified as confidential information when submitted to the council.

Trade secrets or proprietary business information obtained by the council from broadband providers and other persons or entities shall be secured and safeguarded by the state. Such information or data shall not be disclosed to the public or to any firm, individual or agency other than officials or authorized employees of the state. Any person who makes any unauthorized disclosure of such confidential information or data is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than $5,000 or confined in a correctional facility for not more than one year, or both.

Procedures for Submission of Information [3.1]

Information must be entered into the database through a web-based portal. The Secretary of State may not accept information to be entered into the database in any other manner. Prior to entering any information into the database, a public body must designate the name(s) of any individual(s) authorized to enter information on behalf of the public body. If an individual authorized to enter information into the database on behalf of a public body is no longer authorized to do so, the public body shall notify the Secretary of State within five (5) business days.

Broadband Enhancement Council [2.3]

The Broadband Enhancement Council is a governmental instrumentality of the state. The exercise by the council of the powers conferred by this article and the carrying out of its purpose and duties are considered and held to be, and are hereby determined to be, essential governmental functions and for a public purpose. The council shall be situated within the Department of Economic Development for administrative, personnel, and technical support services only.

Conclusion

Based on the documents provided, it is unclear whether collecting browser information from participants in West Virginia is subject to any specific requirements or restrictions. However, it is important to note that broadband deployment information, including physical plant locations, subscriber levels, and market penetration data, constitutes proprietary business information and trade secrets, and is exempt from disclosure under certain provisions of the West Virginia Code. Any unauthorized disclosure of such confidential information or data is punishable by law.

It is recommended that you consult with a legal professional for further guidance on the collection of browser information in West Virginia.

Source(s):
Jurisdiction

West Virginia