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

Requirements for Collecting Personal Information from Participants in West Virginia

If you are collecting personal information from participants in West Virginia, you must comply with the state’s laws and regulations regarding the privacy and confidentiality of personal information.

Protected Records Voters

If you are collecting personal information from protected records voters, you must not maintain their residential or mailing address on any voter registration database, and you must not make it publicly accessible [1.1].

Education Records of Students

If you are collecting personally identifiable information from education records of students, you must obtain prior written consent from the parent or eligible student, except for directory information [3.1][3.2].

Program Participants

If you are collecting personal information from program participants, you must follow the program participant application and certification process, which includes an attestation by the applicant that disclosure of their address threatens their safety or the safety of their children or the minor or incapacitated person on whose behalf the application is made [1.2][1.3].

Submission of Information

If you are submitting personal information to a public body, you must follow the procedures for submission of information outlined in WVCS 153-52-3 [2.1].

Nonpublic Personal Health Information

If you are collecting or disclosing nonpublic personal health information, you must obtain a valid authorization from the consumer or customer whose nonpublic personal health information is sought to be disclosed [4.1][4.2].

Public Records

If you are requesting to inspect or copy public records of the State Board or Department of Education under the Freedom of Information Act, you must do so in writing addressed to the state superintendent of schools. The request must state with reasonable specificity the information sought [5.1].

In summary, you can collect personal information from participants in West Virginia, but you must comply with the state’s laws and regulations regarding privacy and confidentiality. If you are collecting personal information from protected records voters, education records of students, program participants, or nonpublic personal health information, you must follow the specific requirements outlined in the relevant documents. If you are submitting personal information to a public body or requesting to inspect or copy public records, you must also follow the specific procedures outlined in the relevant documents.

Source(s):
Jurisdiction

West Virginia