WV HB3436

Creates the "Genetic Information Privacy Act" requiring entities that offer genetic testing or collect genetic data to provide clear privacy notices and obtain express consent from consumers before collecting, using, or disclosing their genetic data

Requires separate express consent for transferring genetic data to third parties, using data beyond the primary testing purpose, retaining biological samples after testing, marketing based on genetic data, or selling genetic data

Prohibits disclosure of genetic data to health insurers, life insurers, long-term care insurers, or employers without express consumer consent

Bans storage of West Virginia residents' genetic data in countries sanctioned by the U.S. or designated as foreign adversaries; requires consent for any storage outside the United States

Grants the Attorney General exclusive enforcement authority with penalties of $2,500 per violation plus actual damages, costs, and attorney fees

Beginning January 1, 2027, governmental agencies must have specific state law authorization or a search warrant to collect, store, use, or disseminate genetic data