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Download Now The West Virginia Wiretapping and Electronic Surveillance Act prohibits any person from intercepting, procuring, using, or disclosing any wire, oral, or electronic communication, subject to certain exceptions. Employers may monitor communications that are carried out with certain kinds of equipment in the ordinary course of business. In addition, the law is not violated if such information is ordered to be disclosed by a court order, the person intercepting the communication is a party to the communication, or prior consent is given. Violation of this law is a felony and may result in a fine of up to $10,000, 5 years in prison, or both (WV Code Sec. 62-1D-1 et seq.).