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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 637 By Senators Taylor, Rucker, Chapman, Oliverio [Introduced February 5, 2024;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 637 BYS ENATORSTAYLOR , UCKER, HAPMAN ,AND O LIVERIO [Originating in the Committee on the Judiciary;
referred to the Committee on the Judiciary] Intr SB 2024R3460 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-14d, relating to prohibiting public disclosure of an individual's personal information on the internet in certain circumstances;
reported February 15, 2024] CS for SB 637 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-8-25, relating to a state or local government official removing publicly available personal information on the internet in certain circumstances;
defining terms;
anddefining terms.
and providing penalties.
ARTICLE 3C.
ARTICLE 8.
WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.
§61-3C-14d.
§5A-8-25.
Prohibiting public disclosure of an individual's personal information on the internet in certain circumstances;
Personal information available on internet.
penalties.
(a) For purposes of this section:
(a) For purposes of this section, "personal information" means home address, home telephone number, personal mobile telephone number, pager number, personal e-mail address, or a personal photograph or video of an individual;
"Personal information" means the home address, home telephone number, personal mobile telephone number, pager number, personal e-mail address, or a personal photograph or video of an individual;
directions to an individual's home;
directions to the home of an individual;
or photographs or videos of an individual's home or personal vehicle.
or photographs or videos of the home or personal vehicle of an individual.
(b) A person who knowingly, willfully, and intentionally makes the personal information of another publicly available on the internet:
(b) An individual may submit a written request to a state or local government official to remove personal information from records maintained by that official that are publicly available on the internet.
(1) With the intent to threaten, intimidate, or incite the commission of a crime of violence against that person;
If a state or local government official receives such a written request, then he or she shall not knowingly make available on the internet personal information about the individual that is in the records controlled by the state or local government official.
or (2) With the intent and knowledge that the personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than six months, or both fined and confined.
(c) An individual's written request to a state or local government official to remove personal information from records made available on the internet shall include a statement, notarized by a notary public duly licensed under §39-4-1 et seq.
For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for not more than one year, or both fined and confined.
of this code, setting forth the information that the individual is requesting the state or local government official to not make publicly available on the internet.
NOTE:
The purpose of this bill is to prohibit the public disclosure of an individual's personal information on the internet in certain circumstances;
and provide penalty for violation.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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