WV HB5034

Creates the West Virginia Genomic Information Privacy Act of 2026, establishing requirements for entities that collect, use, or analyze genetic data from state residents, with an effective date of July 1, 2026

Requires entities to obtain express consent before collecting genetic data, provide clear privacy notices, and allow consumers to access, delete, or request destruction of their genetic data and biological samples

Prohibits the use of genome sequencers or software produced by foreign adversaries, and bars storage of genetic data within foreign adversary countries or transfer/sale to such entities, including during bankruptcy proceedings

Mandates annual compliance certification to the Attorney General and requires genetic data of West Virginia residents to only be stored outside the United States with consumer consent

Establishes enforcement through the Attorney General with civil penalties of $2,500 per violation, and provides a private right of action allowing harmed individuals to recover actual damages or up to $5,000 per violation plus attorney fees