Delaware residents get new rights and controls over their data privacy

The Delaware Personal Data Privacy Act, which gives residents new rights over their personal data and strengthens online privacy protections, took effect January 1, 2024, following its passage by the General Assembly in 2023.

Here are the key provisions of the new law:

• Opt-In: Businesses must get consent before using or sharing sensitive data like health conditions, race, religion, location, or biometric information
• Opt-Out: Consumers can decline data sales, targeted ads, and automated decision making
• Access and Deletion: Consumers can request to view, correct, or delete their collected data
• Non-Discrimination: Businesses cannot unlawfully discriminate based on personal data

Special protections for youth include:

• Ages 13-17: Businesses need consent for data sales and targeted advertising
• Under 13: Parental consent required for any personal data use

Businesses must now:

• Post clear disclosures about data collection and sharing
• Provide instructions for exercising privacy rights
• Obtain consent before handling sensitive information

The law defines personal data as any information linked to identifiers like names, addresses, phone numbers, emails, or mobile device IDs. Consumers should contact businesses directly through their privacy notices to exercise their rights.

“This law gives Delawareans new rights to control their data and important tools to enforce consumers’ data privacy and security,” says Attorney General Kathy Jennings.

Rep. Krista Griffith (D-Wilmington), who sponsored the bill in the House, added that these protections are “vital to ensuring personal information is not exploited, and consumers’ rights are upheld.”

Senate Majority Leader Bryan Townsend (D-Newark), who sponsored the bill in the Senate, emphasized that while data generation has become part of daily life, protecting privacy rights must also become standard practice.

The first beneficiaries of the new law were House and Senate Republicans, whose privacy was totally protected in the press release announcing the implementation of the new law.