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WV Code § 5A-6-2 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6. Office of Technology|§5A-6-2. Definitions

As used in this article:"Information systems" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information."Information technology" means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information."Technology services" means professional services designed to provide functions, maintenance, and support of information technology devices, or services including, but not limited to, computer systems application development and maintenance; systems integration and interoperability; operating systems maintenance and design; computer systems programming; computer systems software support; planning and security relating to information technology devices; data management consultation; information technology education and consulting; information technology planning and standards; and establishment of local area network and workstation management standards."Telecommunications" means the preparation, transmission, communication, or related processing of information by electrical, electromagnetic, electromechanical, electro-optical, or electronic means."Chief Information Officer" means the person holding the position created in 5A-6-3 of this code and vested with authority to oversee state spending units in planning and coordinating information systems that serve the effectiveness and efficiency of the state and individual state spending units, and further the overall management goals and purposes of government: Provided, That reference to "Chief Technology Officer" in other articles of this code shall mean "Chief Information Officer"."Technical infrastructure" means all information systems, information technology, information technology equipment, telecommunications, and technology services as defined in this section."Technology project" means a project where technology is a significant component and is either valued at $250,000 or more, or will involve sensitive or restricted data."Steering committee" means an internal agency oversight committee established jointly by the Chief Information Officer and the agency proposing the project, which shall include representatives from the Office of Technology and at least one representative from the agency proposing the project."Technology portfolio" means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments.
WV Code § 5A-6-3 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6. Office of Technology|§5A-6-3. Office of Technology; Chief Information Officer; Appointment and Qualifications; Continuation of Special Fund

(a) The Office of Technology is created within the Department of Administration, to be led by a Chief Information Officer, who shall be appointed by and serve at the will and pleasure of the Governor. The Chief Information Officer shall have knowledge in the field of information technology, experience in the design and management of information systems, and an understanding of the special demands upon government with respect to budgetary constraints, the protection of privacy interests, and federal and state standards of accountability.(b) There is hereby continued in the State Treasury a special account to be known as the Chief Technology Officer Administration Fund. All fees collected by the Chief Information Officer pursuant to this article shall be deposited into the fund. Expenditures from the fund shall be made by the Chief Information Officer for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of 12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in 11B-2-1 et seq. of this code: Provided, That the provisions of 11B-2-18 of this code do not operate to permit expenditures in excess of the spending authority provided by the Legislature.
WV Code § 5A-6-4b (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6. Office of Technology|§5A-6-4b. Project Management Duties of the Chief Information Officer; Establishment of the Project Management Office and Authority of the Project Management Office

(a) The Chief Information Officer is authorized to: (1) Implement an approval process for technology projects proposed by state agencies to ensure that all technology projects conform to the statewide strategic plan and the overall technology strategy of the agency;(2) Establish a methodology for conceiving, planning, scheduling, and providing appropriate oversight for technology projects, including oversight for the projects and a process for approving the planning, development, and procurement of technology projects; and(3) Establish steering committees as needed to oversee technology projects.(b) The Chief Information Officer shall create a Project Management Office within the Office of Technology. The Project Management Office shall:(1) Implement the approval process for technology projects;(2) Review technology project proposals submitted by agencies and recommend to the Chief Information Officer the approval of the proposals and any amendments thereto pursuant to 5A-6-4c of this code;(3) Monitor the implementation of technology projects and periodically report findings to the Chief Information Officer;(4) Implement technology portfolio management to assist the Chief Information Officer with aligning investment in technology with strategic goals of the state. The standard by which the projects within the technology portfolio will be evaluated are: (A) Total cost of the project;(B) Public or citizen interface with the project or number of people affected by the project;(C) Whether the project is operationally critical to the agency.(5) Provide oversight for technology projects; and(6) Establish minimum qualifications and training standards for project managers.
WV Code § 5A-6-4c (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6. Office of Technology|§5A-6-4c. Technology Project Proposals and the Establishment of Steering Committees

(a) Prior to proceeding with a technology project, a state agency shall submit a project proposal to the Project Management Office, outlining the business case, the proposed technology solution, if known, and an explanation of how the project will support the agencys business objective and the states strategic plan for information technology. The Project Management Office may require the submission of additional information as needed to adequately review any proposal.(b) The Project Management Office shall make recommendations on proposed projects to the Chief Information Officer for final disposition: Provided, That the Chief Information Officer may delegate approval authority.(c) If the Chief Information Officer deems necessary, a steering committee may be appointed to: (1) Provide ongoing oversight for the technology project;(2) Have the authority to approve or reject any changes to the projects scope, schedule, or budget;(3) Develop any necessary solicitation for the technology project; and(4) Finalize data necessary for inclusion of the project in the technology portfolio.
WV Code § 5A-6-5 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6. Office of Technology|§5A-6-5. Notice of Request for Proposals by State Spending Units Required to Make Purchases Through the State Purchasing Division

Any state spending unit that pursues an information technology purchase that does not meet the definition of "technology project" and that is required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall obtain the approval of the Chief Information Officer, in writing, of any proposed purchase of goods or services related to its information technology and telecommunication systems. The proposal shall contain a brief description of the goods and services to be purchased. The state spending unit shall provide the proposal to the Chief Information Officer prior to the time it submits its request for proposal to the state Purchasing Division.
WV Code § 5A-6-6 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6. Office of Technology|§5A-6-6. Notice of Request for Proposals by State Spending Units Exempted From Submitting Purchases to the State Purchasing Division

(a) Any state spending unit that is not required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall notify the Chief Information Officer, in writing, of any proposed purchase of goods or services related to its information technology or telecommunication systems. The proposal shall contain a detailed description of the goods and services to be purchased. The state spending unit shall provide the proposal to the Chief Information Officer a minimum of 10 days prior to the time it requests bids on the provision of the goods or services.(b) If the Chief Information Officer evaluates the suitability of the information technology and telecommunication equipment and related services under the provisions of 5A-6-4(a) of this code and determines that the goods or services to be purchased are not suitable, he or she shall, within 10 days of receiving the notice from the state spending unit, notify the state spending unit, in writing, of any recommendations he or she has regarding the proposed purchase of the goods or services. If the state spending unit receives a written notice from the Chief Information Officer within the time period required by this section, the state spending unit shall not put the goods or services out for bid less than 15 days following receipt of the notice from the Chief Information Officer.
WV Code § 5A-6-7 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6. Office of Technology|§5A-6-7. Biannual Report

The Chief Information Officer shall report biannually to the Legislative Joint Committee on Government and Finance on the activities of his or her office.
WV Code § 5A-6-8 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6. Office of Technology|§5A-6-8. Exemptions

(a) The provisions of this article do not apply to the Legislature, the judiciary, or any state Constitutional Officer designated in 6-7-2 of this code.(b) Notwithstanding any other provision of this article to the contrary, the provisions of this article do not apply to the West Virginia Board of Education, the West Virginia Department of Education, the county boards of education, the higher educational institutions, or the West Virginia Emergency Management Division of the Department of Homeland Security relating to the technology used with the Statewide Interoperable Radio Network, created by 15-14-1 et seq. of this code. However, the West Virginia Board of Education, the West Virginia Department of Education, the county boards of education, and the institutions of higher education shall cooperate and collaborate with the Chief Information Officer to the extent feasible.(c) The Governor may by executive order exempt from the provisions of this article any entity created and organized to facilitate the public and private use of health care information and the use of electronic medical records throughout the state.
WV Code § 5A-6B-1 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6B. Cyber Security Program|§5A-6B-1. West Virginia Cybersecurity Office; Scope; Exemptions

(a) There is hereby created the West Virginia Cybersecurity Office within the Office of Technology. The office has the authority to set standards for cybersecurity and is charged with managing the cybersecurity framework.(b) The provisions of this article are applicable to all state agencies, excluding higher education institutions, the State Police, state constitutional officers identified in §6-7-2 of this code, the Legislature and the Judiciary.
WV Code § 5A-6B-2 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6B. Cyber Security Program|§5A-6B-2. Definitions

As used in this article:"Cybersecurity framework" means computer technology security guidance for organizations to assess and improve their ability to prevent, detect, and respond to cyber incidents."Cyber incident" means any event that threatens the security, confidentiality, integrity, or availability of information assets, information systems, or the networks that deliver the information."Cyber risk assessment" means the process of identifying, analyzing and evaluating risk and applying the appropriate security controls relevant to the information custodians."Cyber risk management service" means technologies, practices and policies that address threats and vulnerabilities in networks, computers, programs and data, flowing from or enabled by connection to digital infrastructure, information systems or industrial control systems, including, but not limited to, information security, supply chain assurance, information assistance and hardware or software assurance."Enterprise" means the collective departments, agencies and boards within state government that provide services to citizens and other state entities."Information custodian" means a department, agency or person that has the actual custody of, or is responsible for the accountability for a set of data assets."Plan of action and milestones" means a remedial plan, or the process of accepting or resolving risk, which helps the information custodian to identify and assess information system security and privacy weaknesses, set priorities and monitor progress toward mitigating the weaknesses."Privacy impact assessment" means a procedure or tool for identifying and assessing privacy risks throughout the development life cycle of a program or system."Security controls" means safeguards or countermeasures to avoid, detect, counteract or minimize security risks to physical property, information, computer systems or other assets.
WV Code § 5A-6B-3 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6B. Cyber Security Program|§5A-6B-3. Powers and Duties of Chief Information Security Officer; Staff; Rule-Making

(a) The West Virginia Cybersecurity Office is under the supervision and control of a Chief Information Security Officer appointed by the Chief Technology Officer and shall be staffed appropriately by the Office of Technology to implement the provisions of this article.(b) The Chief Information Security Officer has the following powers and duties:(1) Develop policies, procedures and standards necessary to establish an enterprise cybersecurity program that recognizes the interdependent relationship and complexity of technology in government operations and the nature of shared risk of cyber threats to the state;(2) Create a cyber risk management service designed to ensure that officials at all levels understand their responsibilities for managing their agencies" cyber risk;(3) Designate a cyber risk standard for the cybersecurity framework;(4) Establish the cyber risk assessment requirements such as assessment type, scope, frequency and reporting;(5) Provide agencies cyber risk guidance for information technology projects, including the recommendation of security controls and remediation plans;(6) Assist agencies in the development of plans and procedures to manage, assist and recover in the event of a cyber incident;(7) Assist agencies in the management of the framework relating to information custody, classification, accountability and protection;(8) Ensure uniformity and adequacy of the cyber risk assessments; (9) Notwithstanding the provisions of §5A-6B-1(b) of this code, enter into agreements with state government entities exempted from the application of this article or other political subdivisions of the state that desire to voluntarily participate in the cybersecurity program administered pursuant to this article;(10) Develop policy outlining use of the privacy impact assessment as it relates to safeguarding of data and its relationship with technology; and(11) Perform such other functions and duties as provided by law and as directed by the Chief Technology Officer.(c) The Secretary of the Department of Administration shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement and enforce the provisions of this article.
WV Code § 5A-6B-4 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6B. Cyber Security Program|§5A-6B-4. Responsibilities of Agencies for Cybersecurity

State agencies and other entities subject to the provisions of this article shall:(1) Undergo an appropriate cyber risk assessment as required by the cybersecurity framework or as directed by the Chief Information Security Officer;(2) Adhere to the cybersecurity standard established by the Chief Information Security Officer in the use of information technology infrastructure;(3) Adhere to enterprise cybersecurity policies and standards;(4) Manage cybersecurity policies and procedures where more restricted security controls are deemed appropriate;(5) Submit all cybersecurity policy and standard exception requests to the Chief Information Security Officer for approval;(6) Complete and submit a cyber risk self-assessment report to the Chief Information Security Officer by December 31, 2020; and(7) Manage a plan of action and milestones based on the findings of the cyber risk assessment and business needs.
WV Code § 5A-6B-5 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6B. Cyber Security Program|§5A-6B-5. Exemption From Disclosure

Any information, including, but not limited to, cyber risk assessments, plans of action and milestones, remediation plans, or information indicating the cyber threat, vulnerability, information or data that may identify or expose potential impacts or risk to agencies or to the state or that could threaten the technology infrastructure critical to government operations and services, public safety or health is exempt from §29B-1-1 et seq. of this code.
WV Code § 5A-6B-6 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6B. Cyber Security Program|§5A-6B-6. Annual Reports

The Chief Information Security Officer shall annually, beginning on December 1, 2019, and on December 1 of each year thereafter, report to the Joint Committee on Government and Finance and to the Governor on the status of the cybersecurity program, including any recommended statutory changes.
WV Code § 5A-6C-1 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6C. West Virginia Cyber Incident Reporting|§5A-6C-1. Definitions

As used in this article:"Cybersecurity Office" means the office created by 5A-6B-1 of this code."Incident" or "cybersecurity incident" means a violation, or imminent threat of violation, of computer security policies, acceptable use policies, or standard security practices.
WV Code § 5A-6C-2 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6C. West Virginia Cyber Incident Reporting|§5A-6C-2. Scope

This article applies to all state agencies within the executive branch, constitutional officers, all local government entities as defined by 7-1-1 or 8-1-2 of this code, county boards of education as defined by 18-1-1 of this code, the Judiciary, and the Legislature.
WV Code § 5A-6C-3 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6C. West Virginia Cyber Incident Reporting|§5A-6C-3. Cyber Incident Reporting; When Required

(a) Qualified cybersecurity incidents shall be reported to the Cybersecurity Office before any citizen notification, but no later than 10 days following a determination that the entity experienced a qualifying cybersecurity incident. (b) A qualified cybersecurity incident meets at least one of the following criteria: (1) State or federal law requires the reporting of the incident to regulatory or law- enforcement agencies or affected citizens; (2) The ability of the entity that experienced the incident to conduct business is substantially affected; or (3) The incident would be classified as emergency, severe, or high by the U.S. Cybersecurity and Infrastructure Security Agency.(c) The report of the cybersecurity incident to the Cybersecurity Office shall contain at a minimum:(1) The approximate date of the incident; (2) The date the incident was discovered; (3) The nature of any data that may have been illegally obtained or accessed; and(4) A list of the state and federal regulatory agencies, self-regulatory bodies, and foreign regulatory agencies to whom the notice has been or will be provided. (d) The procedure for reporting cybersecurity incidents shall be established by the Cybersecurity Office and disseminated to the entities listed 5A-6C-2 of this code.
WV Code § 5A-6C-4 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 6C. West Virginia Cyber Incident Reporting|§5A-6C-4. Cybersecurity Office Annual Report

(a) On or before December 31 of each year, and when requested by the Legislature, the Cybersecurity Office shall provide a report to the Joint Committee on Government and Finance containing the number and nature of incidents reported to it during the preceding calendar year.(b) The Cybersecurity Office shall also make recommendations, if any, on security standards or mitigation that should be adopted.
WV Code § 5A-7-1 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 7. Information Services and Communications Division|§5A-7-1. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article:(a) “Data-processing equipment” means: (1) Any equipment having stored program capabilities; (2) any equipment designed to handle electronic input-output devices; or (3) any other similar equipment specified by the director;(b) “Director” means the director of the information services and communications division;(c) “Division” means the Information Services and Communications Division established in section two hereof;(d) “Secretary” means the secretary of the Department of Administration;(e) “Telecommunications equipment” means: (1) Any equipment used in the transmission, emission or reception of signals, writings, images, sounds or other forms of communication by electromagnetic or visual means; or (2) any other similar equipment specified by the director.
WV Code § 5A-7-2 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 7. Information Services and Communications Division|§5A-7-2. Division Created; Purpose; Use of Facilities; Rules and Regulations

There is hereby created the Information Services and Communications Division of the Department of Administration for the purpose of establishing, developing and improving data processing and telecommunication functions in the various state agencies, for promulgating standards in the utilization of data processing and telecommunication equipment and for promoting the more effective and efficient operation of all branches of state government. The facilities of the division shall be available, subject to rules and regulations established by the secretary, to the legislative, executive and judicial branches of state government. Such rules and regulations shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.