Attorney General Kathy Jennings announced that Delaware residents now have new personal data privacy rights under the Delaware Personal Data Privacy Act. This law, passed in 2023, became effective at the start of this year.
"Thanks to this law, Delaware now leads the region on data privacy," said Attorney General Jennings. "Businesses collect Delawareans’ personal data every day. Unfortunately, some businesses engage in deception or unfair practices by selling or sharing that data with other companies 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."
Representative Krista Griffith, the lead sponsor of the act, emphasized its importance for protecting children and ensuring consumer rights in a digital age. "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," she stated.
Senator Bryan Townsend, Senate prime sponsor of the act, highlighted the need for respecting privacy as part of daily life. "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," he remarked.
The new consumer rights include opt-in consent for using sensitive data such as race or ethnic origin and opt-out options for personal information sales and targeted advertising. Businesses must provide access to collected personal data upon request and allow corrections or deletions within certain limits. Discrimination based on personal data is prohibited.
For children under 18, businesses must obtain consent before selling personal data or using it for targeted advertising. For those under 13, parental consent is required.
The act mandates clear disclosures from businesses about their data practices and provides guidance on exercising these rights through required privacy notices.
Attorney General Jennings urges consumers to use these new rights actively to safeguard their personal information. The DOJ’s Fraud & Consumer Protection Division will enforce these regulations. More information can be found at privacy.delaware.gov.