§ 15A-12-6 — Receipt of information; immunity from liability

West Virginia § 15A-12-6

• Jurisdiction: West Virginia
• Ch. 15A: DEPARTMENT OF HOMELAND SECURITY
• Art. 12: WEST VIRGINIA FUSION CENTER

Text

(a) No cause of action for defamation, invasion of privacy, or negligence shall arise against any person by reason of that person’s furnishing information concerning any suspected, anticipated, or completed criminal violation or terrorist activity when the information is provided to or received from the West Virginia Fusion Center or any federal, state, or local governmental or private sector entity established for the purpose of detecting and preventing acts of criminal activity or terrorism:Provided, That with regard to any Fusion Center intelligence or information gathering activity or operation against a U.S. Citizen related to alleged terrorism or violation of a law, such allegation must be vetted and confirmed by procedures substantially in compliance with those set forth in laws, rules, and regulations developed in accordance with 50 U.S.C. §3036(d).

(b) No person shall be subject to such cause of action for cooperating with or furnishing evidence or information regarding any suspected criminal violation to the West Virginia Fusion Center.

(c) This section shall not provide immunity for those disclosing or furnishing false information with malice or willful intent to injure any person, nor for any person who does not comply with the procedures set forth in §15A-9-6(a) of this code.

(d) This section does not in any way abrogate or modify common law or statutory privilege or immunity heretofore enjoyed by any person or entity.

Legislative History

2020 Reg. Sess., HB4176