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West Virginia Privacy: What you need to know

West Virginia recognizes all four common-law invasion-of-privacy claims:
• Intrusion upon solitude or seclusion;
• Public disclosure of private facts (e.g., unreasonable publicity given to one's private life);
• False light privacy (e.g., publicity that normally places the other in a false light before the public); and
• Appropriation of one's name or likeness (Crump v. Beckley Newspapers, Inc., 320 S.E.2d 70 (W.Va. 1983)).
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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.).
West Virginia has a number of laws governing the use and disclosure of Social Security numbers.
Commercial driver's licenses. West Virginia law does not require that an individual's Social Security number appear on a commercial driver's license (WV Code Sec. 17E-1-11).
Public employees. Information contained in records maintained for state employees participating in deferred compensation plans, including Social Security numbers, are confidential and exempt from disclosure (WV Code Sec. 5-10B-12). The law also prohibits any branch or agency of state government from disclosing to ...

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West Virginia Privacy Resources

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