West Virginia Gambling Operators May Have To Share User Data With the State

Article by : Erik Gibbs Mar 1, 2024

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West Virginia is considering legislation, specifically HB5668, that would compel gambling operators to collaborate with academics and share data for responsible gaming research.

Introduced on February 13, the proposed West Virginia Responsible Gaming and Research Act (RGRA) is championed by Representative Roger Hanshaw, the Speaker of the House, with support from Representative Shawn Fluharty.

The National Council of Legislators from Gaming States (NCLGS), led by Fluharty, is actively working on model iGaming legislation for states considering online casino legalization.

RGRA, applicable to all gambling operators, mandates the submission of anonymized player data to West Virginia University (WVU) at regular intervals, aligning with harm reduction advocacy.

This move positions West Virginia to take a pioneering role in responsible gaming initiatives, reflecting a broader trend in the industry.

Maryland is contemplating an iGaming referendum this year. Part of the proposal also involves sharing data with Morgan State University’s Data Analytics program and Bowie State University’s eSports program.

In a related development, New Jersey’s latest gambling treatment diversion court bill includes a mandatory provision for data sharing. This provision targets treatment providers working with the courts to assist individuals with gambling-related criminal convictions, aiming to offer alternatives to incarceration.

Gambling operators, especially in the online sector, regularly collect extensive player behavior data for product optimization and targeted marketing. This data also holds promise in addressing challenges related to problem gambling.

Hanshaw and Fluharty have made diligent efforts to safeguard player privacy in the proposed RGRA.

The bill mandates operators to anonymize data, eliminating any information linking it to specific users. Furthermore, the legislation clarifies that the data is not considered a public record and cannot be accessed through a Freedom of Information Act request.

Addressing concerns, West Virginia House of Delegates Communications Director Ann Ali clarified that operators would not face enforcement actions based on the data they provide.

Under the proposed RGRA, data findings are anticipated to be disclosed publicly, with researchers from West Virginia University WVU having the opportunity to employ the data for studies influencing potential regulatory adjustments.

Collaboration between WVU and the Department of Human Services (DHS) at the State Lottery Commission is outlined, allowing the DHS to utilize the data for an annual report commencing on January 1, 2026.

This report aims to scrutinize the impact of various forms of gambling on problem gamblers and gambling addiction in the state, with submission to the bicameral Joint Committee on Government and Finance scheduled.

Notably, Speaker Hanshaw, a key advocate of the RGRA, currently leads this committee in the House, while Senate President Craig Blair holds a parallel role in the other legislative chamber.