Signed by Governor John Carney, Jr.

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that establishes the Delaware Personal Data Privacy Act.

Highlights:

• Define terms related to data privacy and security (Sec. 1). 

• Establishes that this act applies to any individual who does business in the state with people in the state (Sec. 1). 

• Specifies that the state government and major financial institutions under the Gramm Leach Bliley Act are exempt (Sec. 1). 

• Specifies that a consumer has the right to do all of the following actions (Sec. 1):

• Confirm whether a controller is currently processing their personal data and access that data; 

• Correct any inaccuracies or factual errors with the personal data and information; 

• Delete personal data;

• Obtain a copy of their personal data that has been processed already; 

• Obtain a list of third parties that the data has been shared with;

• Opting out of the sale of personal data to third parties, targeted advertising, or automated profiling. 

• Authorizes the consumer to exercise these rights in a reliable and easy way established by the controller and shall be given free of charge (Sec. 1). 

• Specifies that controllers shall follow the limits set out by this act including  (Sec. 1).: 

• Only collect that data which is adequate and relevant for the reason by which the data is processed and collected;  

• Not process data which does not related to the above; 

• Establish administrative security practices to protect relevant data from third parties;  

• Not process data that concerns a minor without a consumers written consent; 

• Provide a mechanism to revoke their personal information;

• Not process information that would breach federal discrimination laws; 

• Not process information related to the targeted advertising of minors;  

• Not discriminate against consumers for exercising their data protection rights.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes the Delaware Personal Data Privacy Act.

Highlights:

• Define terms related to data privacy and security (Sec. 1). 

• Establishes that this act applies to any individual who does business in the state with people in the state (Sec. 1). 

• Specifies that the state government and major financial institutions under the Gramm Leach Bliley Act are exempt (Sec. 1). 

• Specifies that a consumer has the right to do all of the following actions (Sec. 1):

• Confirm whether a controller is currently processing their personal data and access that data; 

• Correct any inaccuracies or factual errors with the personal data and information; 

• Delete personal data;

• Obtain a copy of their personal data that has been processed already; 

• Obtain a list of third parties that the data has been shared with;

• Opting out of the sale of personal data to third parties, targeted advertising, or automated profiling. 

• Authorizes the consumer to exercise these rights in a reliable and easy way established by the controller and shall be given free of charge (Sec. 1). 

• Specifies that controllers shall follow the limits set out by this act including  (Sec. 1).: 

• Only collect that data which is adequate and relevant for the reason by which the data is processed and collected;  

• Not process data which does not related to the above; 

• Establish administrative security practices to protect relevant data from third parties;  

• Not process data that concerns a minor without a consumers written consent; 

• Provide a mechanism to revoke their personal information;

• Not process information that would breach federal discrimination laws; 

• Not process information related to the targeted advertising of minors;  

• Not discriminate against consumers for exercising their data protection rights.

Full Bill Text