US Appeals Court Strikes Down West Virginia Law Protecting Officials' Personal Data from Data Brokers

A federal appeals court has ruled that a West Virginia law designed to protect law enforcement officers and judges from having their personal information exposed is unconstitutional. The 4th U.S. Circuit Court of Appeals upheld an August 2025 lower court decision that nullified the state's version of Daniel's Law. The opinion noted that the West Virginia statute differs notably from similar laws in more than a dozen other states. These laws aim to stop disgruntled residents from obtaining officials' addresses and phone numbers, particularly through data brokers.

The judges found the law restricts speech based on its topic, message or subject matter, and holds data brokers liable in too many circumstances. It did not require officials to warn a business before suing, and it required only that those sharing the data knew they were doing so unlawfully. The law allowed lawsuits seeking up to $1,000 per violation plus punitive damages. The case was a class action brought in mid-2024 by a retired law enforcement officer and others against people-search services including WhitePages, Thomson Reuters, LexisNexis and PeopleConnect.

The decision is a significant win for data brokers, which have increasingly faced lawsuits targeting business practices they rely on. According to a blog post from law firm Clark Hill, the ruling could influence ongoing Daniel's Law litigation in New Jersey and affect similar statutes in other states.