With the Delaware Personal Data Privacy Act going into effect at the start of the year, Delaware residents now have new personal data privacy rights.
The new law defines “personal data” as any data that is linked to a personal identifier like a name, address, phone number, email, or mobile device identifier. The legislation also requires businesses to post plain language disclosures of their data collection and data sharing practices and to provide information about how consumers can exercise data privacy rights.
As part of the law, originally passed in 2023, children under the age of 18 now have new data privacy rights. Businesses must obtain consent to sell personal data or to use targeted advertising for children aged 13 to 17. For children under 13, businesses must obtain a parent’s consent to use a child’s personal data for any reason.
“With the Delaware Personal Data Privacy Act now in effect, Delawareans – and most importantly, our children – are armed with stronger privacy protections and more control over their online data,” said Rep. Krista Griffith, lead sponsor of the Delaware Personal Data Privacy Act. “In today’s digital world, these new safeguards are vital to ensuring that personal information is not exploited and that consumers’ rights are upheld. I’m incredibly grateful for the work Attorney General Jennings and the Delaware Department of Justice do to ensure residents are protected both on and offline.”
According to Delaware Attorney General Kathy Jennings, some of the new consumer rights include:
- Opt-In: Businesses must obtain consent from Delaware consumers to use or share Delawareans’ sensitive data, such as race or ethnic origin, religion, health conditions, sexual orientation, gender identity, precise location, or biometric data.
- Opt-Out: Consumers may opt-out of the sale of their personal information, targeted advertising, and some types of automated decision making.
- Access and Deletion: Upon request and subject to certain limitations, businesses must provide consumers with the personal data the business has collected about them and permit corrections or deletions of personal data.
- Non-Discrimination: Businesses are prohibited from using personal data to unlawfully discriminate against a Delaware consumer.
“Each day, hundreds of thousands of Delawareans click away on devices and generate tons of data as part of what has become our normal, daily lives. What also must become normal is a respect for our privacy and how we want our data to be used,” said Sen. Bryan Townsend, Senate prime sponsor of the Delaware Personal Data Privacy Act. “I applaud Attorney General Jennings and her team for their commitment to personal liberties and public safety, and for their collaboration with legislators in crafting privacy laws that empower individual Delawareans to determine what kind of data usage works best for their families.”
