Privacy in West Virginia for first responders
What state law protects, what still leaks, and what we sweep beyond it.
Run a free scan. No signup.Address Confidentiality Program
West Virginia maintains a state-level program that lets eligible officers, judges, and other protected workers use a substitute address for public records.
Apply or learn more →Public-records carve-outs
- W. Va. Code §29B-1-4(a)(21) — home address and personal contact information of law enforcement officers and their spouses, parents, and children are exempt from disclosure under the WV Freedom of Information Act.
- W. Va. Code §5A-8-24 — WV Daniel's Law (2021): held facially unconstitutional by N.D. W.Va. in Jackson v. Whitepages (Aug. 2025) for lack of notice requirement. Not enforceable until amended.
Applicable laws
What protects you in West Virginia
West Virginia's framework is in flux. The state passed a broker-removal statute in 2021 — W. Va. Code §5A-8-24, modeled after New Jersey's Daniel's Law (a state law that lets covered officers sue data brokers for failing to remove their home address). It covered judicial officers, prosecutors, public defenders, law enforcement officers, and their immediate families, with $1,000 per violation in damages and an immediate compliance window (24 hours for willful refusal). It was the second state in the country to pass that kind of statute, after NJ.
In August 2025, the federal district court for the Northern District of West Virginia held the statute facially unconstitutional in Jackson v. Whitepages. The court ruled the law lacked a constitutionally adequate notice requirement before liability attached. As of this writing, the statute is not enforceable. The legislature is expected to amend, but no amended version has passed.
Until amendment, the practical lever is the FOIA exemption under W. Va. Code §29B-1-4(a)(21). It makes the home address and personal contact information of law enforcement officers and their spouses, parents, and children confidential under the state Freedom of Information Act. The burden is on the public body to withhold — there's no clear officer-side filing process — but the exemption applies.
The state's Address Confidentiality Program under W. Va. Code §48-28A is targeted at domestic violence and stalking victims. Officers aren't categorically eligible.
What still leaks
- The broker layer in general. With §5A-8-24 unenforceable, there's currently no state statute that compels brokers to remove your information on notice. The 2024 Whitepages suit was filed under the now-struck statute.
- County property records. West Virginia has no officer-specific property record redaction. Deeds and tax records are public.
- Voter rolls. WV has no officer-specific voter confidentiality designation under W. Va. Code §3-2-30.
Laws that work for you here
- W. Va. Code §29B-1-4(a)(21) — FOIA exemption for law enforcement officer home address and personal contact info, plus spouse, parents, and children. Currently the most reliable lever.
- W. Va. Code §5A-8-24 — WV's broker-removal statute (Daniel's Law analog). Held facially unconstitutional in Jackson v. Whitepages (N.D. W.Va., Aug. 2025). Not enforceable until amended.
- W. Va. Code §48-28A (ACP) — substitute-address program for domestic violence and stalking victims. Not officer-categorical.
- Federal DPPA (18 U.S.C. §§2721-2725) — restricts disclosure of state DMV records nationwide. WV DMV adheres.
What we sweep that the state doesn't
WV's broker-removal statute is on hold. The FOIA exemption shields what state agencies disclose but not what brokers publish from out-of-state aggregators. We file opt-outs across 200+ people-search sites and re-check every two weeks because re-listings happen. When the legislature passes an amended version with a proper notice provision, we'll fold it in. Until then, the broker side is where the leverage actually is, and that's where we operate.