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Can I collect personal information from my customers in California in West Virginia? What are the requirements?

Collecting Personal Information from Customers in California in West Virginia

If you are collecting personal information from customers in California in West Virginia, you must comply with both California and West Virginia laws.

Under California law, agencies must provide a notice to individuals when collecting personal information from them [2.2]. The notice must include the name of the agency, the purpose for which the information is being collected, and any known or foreseeable disclosures that may be made of the information [2.2].

Under West Virginia law, if you are a licensee collecting personal information from customers in California in West Virginia, you must comply with the West Virginia Code, specifically WVCS 114-57-4, which requires you to provide a clear and conspicuous notice to customers that accurately reflects your privacy policies and practices regarding disclosure of nonpublic personal financial information not less than annually during the continuation of the customer relationship [1.2].

Your initial, annual, and revised privacy notices must include specific information as outlined in WVCS 114-57-5, such as the categories of nonpublic personal financial information that you collect and disclose, the categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal financial information, and an explanation of the consumer’s right to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties [1.2].

If you collect nonpublic personal health information about a consumer or customer, you must obtain authorization from the consumer or customer whose nonpublic personal health information is sought to be disclosed, unless the disclosure is for the performance of certain insurance functions as outlined in WVCS 114-57-15 [1.2].

If you disclose nonpublic personal financial information about a consumer to a nonaffiliated third party, you must comply with the requirements outlined in WVCS 114-57-9, which includes providing the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt out of the disclosure [1.2].

In summary, if you are collecting personal information from customers in California in West Virginia, you must comply with both California and West Virginia laws. You must provide a notice to individuals when collecting personal information from them in California, and comply with the West Virginia Code when collecting personal information from customers in West Virginia.

Source(s):
Jurisdiction

West Virginia, California