HB 5408
Relating to personal information disclosure
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill restricts West Virginia government entities from disclosing personal information to individuals or organizations unless they can demonstrate a legitimate need for it, particularly when the information is sought for the purpose of enforcing federal immigration law. It requires government entities to verify the reason for the request and obtain a warrant if the information is being sought for immigration enforcement. The bill also mandates reporting on requests for such information to the Attorney General and the legislature.
Key provisions
- Government entities must verify the purpose of requests for personal information.
- Individuals must state under penalty of perjury that they are requesting information for federal immigration enforcement.
- Government entities must obtain a warrant from a federal or state court before providing personal information for immigration enforcement.
- Government entities must report annually on requests for information related to immigration enforcement.
- ‘Government entity’ is defined broadly to include state, county, and municipal agencies.
- ‘Personal information’ is defined to include a wide range of identifying data.
- Entities must provide contact information for the person requesting the information.
- Entities must not provide information unless obligated by a warrant.
Who is affected
- West Virginia Government Entities
- Individuals subject to federal immigration law
- Organizations seeking information on individuals subject to federal immigration law
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