Privacy in West Virginia for first responders

What protects you in West Virginia

West Virginia's protections are in flux right now. The state's broker-removal law is on hold, so the reliable lever today is a public-records exemption, not a right to force brokers to take your listings down.

The broker-removal law is on hold

In 2021, West Virginia passed W. Va. Code §5A-8-24, modeled on New Jersey's Daniel's Law. It let covered judges, prosecutors, public defenders, law enforcement officers, and immediate family in the same household sue a data broker that published their home address.

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 found it restricted speech without requiring that the broker first be notified of the violation. As of this writing, the statute is not enforceable. Lawmakers are expected to amend it, but no amended version has passed.

Until that happens, the working lever is the FOIA exemption under W. Va. Code §29B-1-4(a)(21). It lets a public body withhold the home address and personal contact information of a law enforcement officer, and those of the officer's spouse, parents, and children, from Freedom of Information Act requests. The duty to withhold falls on the agency, and there is no clear officer-side filing process, but the exemption applies.

The state's Address Confidentiality Program under W. Va. Code §48-28A gives victims of domestic violence, sexual assault, and stalking a substitute mailing address. Officers are not eligible just for being officers.

What still leaks

1. Data broker listings. With §5A-8-24 unenforceable, no state law currently compels brokers to remove your information on request. Brokers pull from out-of-state sources the FOIA exemption does not reach.
2. County property records. West Virginia has no officer-specific redaction for property records. Deeds and tax records are public.
3. Voter rolls. West Virginia has no officer-specific confidentiality designation for the voter file.

Laws that work for you here

• W. Va. Code §29B-1-4(a)(21): lets state agencies withhold a covered officer's home address and personal contact details, and those of their spouse, parents, and children, from public-records requests. Currently the most reliable lever.
• W. Va. Code §5A-8-24: WV's broker-removal statute, patterned on Daniel's Law. Held facially unconstitutional in Jackson v. Whitepages (N.D. W.Va., Aug. 2025). Not enforceable until amended.
• W. Va. Code §48-28A (ACP): a substitute-address program for victims of domestic violence, sexual assault, and stalking. Not open to officers by category.
• Federal DPPA (18 U.S.C. §§2721-2725): limits when state DMVs can release the personal information in your driver and vehicle records. West Virginia's DMV follows it.

What we do

West Virginia's broker-removal law is on hold, and the FOIA exemption only covers what state agencies disclose, not what brokers publish from out-of-state sources. That broker layer is where your home address actually leaks, and it is where we work. A home address on these sites gives a stranger a path from your job to the people who live with you.

We find your listings on data broker and people-search sites, file opt-outs, and keep re-checking because records come back. When a site needs something from you to process a removal, we tell you clearly.

The 2024 Whitepages suit by a retired West Virginia officer was filed under the now-struck statute and shows what enforcement looked like in practice. If the legislature passes an amended version with a proper notice provision, we will use it. Until then, opting you out of the brokers is the work that keeps your home address off these sites.

Run a free scan to see which sites list your West Virginia address right now.