Can I store personal information about my customers in West Virginia? What are the requirements?

Yes, you can store personal information about your customers in West Virginia, but you must comply with the requirements outlined in the West Virginia Code ^[1.2].

Requirements for Storing Personal Information

According to WVCS 114-57-4, you must 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. You must define a twelve-consecutive-month period and apply it to the customer on a consistent basis. You must provide an annual notice to the customer once in each calendar year following the calendar year in which you provided the initial notice.

Limits on Disclosure of Personal Information

According to WVCS 114-57-9, you may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless you have provided the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt out of the disclosure. You must comply with this section, regardless of whether you and the consumer have established a customer relationship.

Information to be Included in Privacy Notices

According to WVCS 114-57-5, your initial, annual, and revised privacy notices must include information about 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, your policies and practices with respect to protecting the confidentiality and security of nonpublic personal information, and any disclosures that you make under sections 13 and 14.

Additionally, there are limits on redisclosure and reuse of nonpublic personal financial information ^[1.2]. You must obtain authorization from the consumer or customer whose nonpublic personal health information is sought to be disclosed ^[1.4]. There are exceptions to notice and opt-out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions ^[1.6].

Therefore, you can store personal information about your customers in West Virginia, but you must comply with the requirements outlined in the West Virginia Code.

Source(s):

• [1.2] Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information.
• [1.4] When Authorization Required for Disclosure of Nonpublic Personal Health Information.
• [1.6] Exceptions to Notice and Opt-Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions.

Jurisdiction

West Virginia

• Privacy