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Bill

HB 5034

Relating to biometric privacy

2026 Regular Session Introduced by Chris Anders and 9 co-sponsors

West Virginia proposes establishing privacy protections for biometric data collection and use, with scope and enforcement mechanisms still under committee review.

To House Health and Human Resources
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Bill Summary · HB 5034

Legislative bill overview

HB 5034 is a biometric privacy bill introduced in West Virginia that establishes legal protections around the collection, use, and storage of biometric data (such as fingerprints, facial recognition, iris scans, and voiceprints). The bill currently sits in the House Health and Human Resources Committee after being introduced in early February 2026. The specific provisions have not yet been publicly detailed in available records.

Why is this important

Biometric data is increasingly collected by both government agencies and private companies for identification, security, and commercial purposes. Without clear legal guardrails, individuals have limited control over how their biological identifiers are captured, stored, shared, or used—raising significant privacy and civil liberties concerns. A biometric privacy law could protect West Virginia residents from unauthorized tracking, data breaches, and misuse while potentially imposing compliance requirements on businesses and agencies.

Potential points of contention

  • Scope of coverage: Disagreement over whether the law applies only to private companies, government agencies, or both; which biometric technologies are included; and which contexts (law enforcement, employment, retail) are regulated
  • Business compliance costs: Private sector concerns about expensive compliance requirements, data security infrastructure, and consent management procedures that could burden small businesses
  • Law enforcement exceptions: Tension between privacy advocates seeking strict limitations on government biometric use (especially facial recognition) and law enforcement arguing they need broad access for public safety and criminal investigations

Compiled from official sources — confirm details with the bill’s official record.

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