Businesses face new rules under Delaware's new privacy laws. Here's how it protects your data
The groundbreaking law gives residents more control over how businesses handle their personal information, positioning Delaware as a regional leader in data privacy and consumer rights. It also requires companies to provide simple and accessible privacy notices to help consumers understand how their data is collected, used and protected.
Passed in 2023, the Delaware Personal Data Privacy Act requires businesses to obtain explicit consent before collecting or sharing personal information. Data including names, addresses, phone numbers, emails and precise location data are covered under the law.
The state's Department of Justice, through its Fraud & Consumer Protection Division, will oversee the enforcement of the new regulations. Attorney General Kathy Jennings stated that the law gives her office essential tools to protect consumers' data privacy and security.
The new privacy law gives Delaware residents several rights:
Opt-in for sensitive data: Businesses must obtain explicit consent before using or sharing sensitive personal information, including race, religion and health conditions.
Opt-out of data sales and targeted advertising: Consumers can decline the sale of their data, automated decision-making, and personalized ads.
Access, correction and deletion rights: Residents can request access to their data, correct inaccuracies, or delete their information.
Anti-discrimination protection: Businesses cannot unlawfully use personal data to discriminate against consumers.
DIGITAL ACCESS UPGRADE: Delaware secures $17.4M to connect entire state to high-speed internet
The law provides even stricter safeguards for children's privacy:
For children under 13, businesses must secure parental consent before collecting any personal data.
For teens ages 13 through 17, companies must obtain direct consent before selling their information or using it for targeted advertising.
Delaware residents who want to learn more about the state's new privacy rights or file complaints about potential violations can visit privacy.delaware.gov.
You can contact Anitra Johnson at ajohnson@delawareonline.com.
This article originally appeared on Delaware News Journal: Delaware's Personal Data Privacy Act addresses data collection
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