Delaware privacy bill passes House, heads to Senate

June 8, 2023

Rob Flaks,

DELAWARE – The Delaware Personal Data Privacy Act, a bill that would create a comprehensive framework of consumer protections, granting individuals greater control over their personal data collection and creating more transparency about how that data is used has passed the Delaware House and heads to the Senate.

“The Delaware Personal Data Privacy Act is a critical step in safeguarding the privacy rights of Delawareans in our digital age. With the increasing collection and use of our sensitive personal data, it’s so important that we establish comprehensive rights for consumers and ensure that they have avenues to take control over their personal information,” said Rep.Krista Griffith.

The passage comes despite push backs from businesses interests on the scale of businesses that could be impacted, and the 10,000 dollar fins per violation the measure would impose for non-compliance.

“big companies like Google and Amazon are going to easily be able to take care of compliance. However, this law will also affect small and medium-sized businesses, even in unexpected ways, if you’re a small business providing service to a larger business, you all of a sudden are going to fall under this law,” said Attorney Bill Denny, speaking at the End of Session Luncheon in Dover.

The Delaware Personal Data Privacy Act would affect companies that operate in Delaware and handle the personal information of more than 35,000 consumers or more than 10,000 consumers if they make more than 20% of their total revenue by selling personal information.

Government agencies would be excluded from the bill.

The bill also includes protections for children. Under HB 154, a controller would be prohibited from processing sensitive data of a child under the age of 13 unless they obtain consent from the child’s parent or legal guardian. Additionally, controllers would be obligated to obtain consent before using personal data for targeted advertising or selling the data if the consumer is between the ages of 13 and 18.