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

Collecting Location Information in West Virginia

Based on the context documents, collecting location information from participants in West Virginia is subject to certain requirements.

Requirements for Collecting Location Information

The West Virginia Fusion Center is responsible for collecting, analyzing, producing, disseminating, and maintaining intelligence and information related to terrorism and other homeland security threats [1.3]. However, the Fusion Center shall not knowingly participate in activity, or knowingly cooperate, with any federal agency, or a contractor for any federal agency, when that participation or cooperation involves illegal or improper actions [1.3]. Further, the Fusion Center shall not allow a federal agency or contractor for a federal agency to work inside the Fusion Center when it knows or has reason to know that such federal agency or federal contractor is presently engaged or intends to engage in unlawful intelligence-gathering activity against a citizen of West Virginia [1.3].

Any person or agency receiving information from the West Virginia Fusion Center shall not release or disseminate that information without prior authorization from the West Virginia Fusion Center [1.1]. Intelligence data in the possession of a criminal or juvenile justice agency, state or federal regulatory agency, or peace officer, or disseminated by such agency or peace officer, are confidential records under §29B-1-1 et seq. of this code [1.1]. Any person who knowingly disseminates information in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000, or be confined in jail for not more than 20 days, or both fined and confined [1.1].

Fees for Maps and Compilations

The West Virginia Fusion Center may charge fees for copies or use of any maps, compilations, or other works that may be created as a result of the statewide addressing and mapping intended to be accomplished by this article [2.1]. However, the fees must be reasonable and must, to the extent possible, be based on cost [2.1].

Oversight Committee

The Speaker of the House of Delegates and President of the Senate shall establish a select committee which shall have oversight of the information collected by the West Virginia Fusion Center to ensure the proper collection, dissemination, storage, and destruction of information or intelligence [1.2]. The committee shall be composed of members of the House of Delegates and Senate, and counsel and staff to the Speaker and the Senate President [1.2]. The committee members, counsel, and staff must have the appropriate security clearance in order to obtain information that is classified and shall be subject to the same rules, regulations, and laws as the employees of the West Virginia Fusion Center for safeguarding both classified and law enforcement sensitive information or intelligence [1.2]. Meetings of the select committee shall be confidential and the information and materials, in any medium, including hard copy and electronic, coming to the attention of or placed in the custody of the Select Committee shall not be subject to the West Virginia Freedom of Information Act [1.2].

Conclusion

Based on the above requirements, collecting location information from participants in West Virginia is subject to strict regulations. Any collection of location information must be done in compliance with all applicable state and federal laws, restrictions, and prohibitions, including, but not limited to, any and all restrictions and prohibitions against conducting non-law enforcement intelligence operations against U.S. citizens as set forth in federal or state law or in contravention of the Constitution of the United States, including, but not limited to, 50 U.S.C. §3036(d) [1.3]. Additionally, any dissemination of such information must be authorized by the West Virginia Fusion Center [1.1]. The West Virginia Fusion Center may charge fees for copies or use of any maps, compilations, or other works that may be created as a result of the statewide addressing and mapping intended to be accomplished by this article [2.1]. The Speaker of the House of Delegates and President of the Senate shall establish a select committee which shall have oversight of the information collected by the West Virginia Fusion Center to ensure the proper collection, dissemination, storage, and destruction of information or intelligence [1.2].

Source(s):
Jurisdiction

West Virginia