DOVER, Del. – Delawareans now have increased personal data privacy protections under the Delaware Personal Data Privacy Act, which officially went into effect at the beginning of this year. Attorney General Kathy Jennings (D) claims that the new law provides rights to consumers while also giving the Department of Justice the authority to enforce the protections.
“Thanks to this law, Delaware now leads the region on data privacy,” said Jennings. “Businesses collect Delawareans’ personal data every day. Unfortunately, some businesses engage in deception or unfair practices by selling or sharing that data without consumers’ knowledge. This law not only gives Delawareans new rights to control their data, but also gives my office important tools to enforce consumers’ data privacy and security.”
Key features of the Delaware Personal Data Privacy Act include:
- Opt-In Requirement: Businesses must obtain consent to use or share sensitive data, such as race, religion, health conditions, or biometric data.
- Opt-Out Rights: Consumers can opt out of the sale of personal data, targeted advertising, and certain types of automated decision-making.
- Access and Deletion: Consumers can request access to personal data businesses have collected about them and ask for corrections or deletions.
- Non-Discrimination: Businesses are prohibited from using personal data in ways that unlawfully discriminate against consumers.
The law also increases protections for children. Businesses must obtain consent to sell personal data or target ads to children aged 13 to 17, and for children under 13, parental consent is required for any use of their data.
“Delawareans – and most importantly, our children – are armed with stronger privacy protections and more control over their online data,” said Rep. Krista Griffith (D), the law’s lead sponsor.
The law requires businesses to disclose their data collection practices and how consumers can exercise their rights in clear, plain language. Consumers should review businesses’ privacy notices to learn about their policies and take action to protect their data.
Sen. Bryan Townsend (D), the law’s Senate sponsor, praised the initiative, stating, “What must become normal is a respect for our privacy and how we want our data to be used.”