West Virginia Privacy laws & HR compliance analysis

West Virginia Privacy: What you need to know

Common law. 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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Social Security numbers (SSNs). West Virginia has a number of laws governing the use and disclosure of SSNs.
West Virginia law does not require that an individual's SSN appear on a commercial driver's license (W.V. Code § 17E-1-11).
Information contained in records maintained for state employees participating in deferred compensation plans, including SSNs, is confidential and exempt from disclosure (W.V. Code § 5-10B-12). The law also prohibits any branch or agency of state government from disclosing to nongovernmental entities public employees' personal information, including an employee's home address, SSN, credit or debit card number, driver's license number, and marital status or maiden name, unless the disclosure is authorized by federal law (W.V. Code § 5A-8-21).
The division of motor vehicles is generally prohibited from disclosing any personal information obtained by the division in connection with a motor vehicle record. Personal information includes an individual's SSN (W.V. Code § 17A-2A-4).
Wiretapping. 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. ...

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