WV HB4628

Requires government officials to obtain a warrant supported by individualized probable cause before accessing databases containing historical location information (data revealing locations of persons or vehicles more than 24 hours old)

Permits warrantless access only with voluntary consent, for reported stolen vehicles, during exigent circumstances, or for limited purposes like toll collection, traffic enforcement, and parking enforcement

Mandates government entities collecting location data implement security policies including encryption, written supervisor approval for each access, detailed record-keeping of all database queries, and audits at least every 30 days

Limits retention of historical location information to no longer than 10 days and prohibits sharing data outside the collecting entity's jurisdiction or selling it to private third parties

Establishes enforcement through evidence exclusion in court proceedings, progressive suspension of database access for violating officials (7 days for first offense, permanent for third), and Attorney General authority to seek injunctive relief