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Did Not Advance

West Virginia Bill Regulates Collection and Retention of Biometric Data by Private Entities

Original title: Biometric Information Privacy Act

Last action · February 16, 2026: To House Health and Human ResourcesSponsor: Laura Kimble

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Delegate Kimble introduced House Bill 5567 to establish the Biometric Information Privacy Act, requiring private entities to obtain before collecting s and setting strict guidelines for data retention, security, and destruction. The bill provides individuals with a private in court to recover damages for negligent or intentional violations.

Why it matters

Private businesses operating in West Virginia would face statutory damages ranging from $1,000 to $5,000 per violation, along with attorney fees, if they fail to properly secure, disclose, or destroy customer or employee biometric information such as fingerprints or facial geometry.

Background
  • Delegate Kimble introduced House Bill 5567 during the 2026 regular legislative session in West Virginia. context
  • State biometric privacy acts regulate how private corporations collect, store, and share sensitive physical characteristics like fingerprints and facial recognition scans. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Private entities

Must establish written retention and destruction policies, secure written release before collecting biometrics, and comply with prohibitions against selling or improperly disclosing biometric data.

Directly affected

Consumers and employees

Gain the right to receive written notice and give written consent before biometric data collection, as well as a private right of action to sue for statutory damages if violations occur.

Directly affected

Financial institutions

Are exempted from the article if subject to Title V of the federal Gramm-Leach-Bliley Act of 1999.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What types of scans or data are classified as biometric identifiers under this bill?
s include retina or iris scans, fingerprints, voiceprints, and scans of hand or face geometry.
Are healthcare providers and patient medical records covered by this biometric privacy law?
No, information captured from patients in healthcare settings or collected under the federal Health Insurance Portability and Accountability Act of 1996 is explicitly excluded.
What penalties can a private entity face for violating these data retention and collection rules?
An aggrieved person can sue in court and recover liquidated damages of $1,000 or actual damages for negligence, $5,000 or actual damages for intentional or reckless acts, plus attorney fees and litigation expenses.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions
  1. Feb 16, 2026HouseCommittee
    To House Health and Human Resources
  2. Feb 16, 2026HouseIntroduced
    Introduced in House
  3. Feb 16, 2026HouseCommittee
    To Health and Human Resources then Judiciary
  4. Feb 16, 2026HouseIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Introduction of Comprehensive Biometric Regulation

West Virginia is considering establishing baseline statutory protections and private rights of action for biometric data handling, mirroring laws enacted in states like Illinois.

Connected Entities

Gramm-Leach-Bliley Act of 1999, Laura Kimble, Health Insurance Portability and Accountability Act of 1996 and 1 more
otherGramm-Leach-Bliley Act of 1999“Federal law exempting certain financial institutions”Map →
PersonLaura Kimble“Delegate who introduced House Bill 5567”Map →
otherHealth Insurance Portability and Accountability Act of 1996“Federal law excluding patient health care information”Map →
OrganizationHouse Health and Human Resources“Initial committee of referral”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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