Governor John Carney signed legislation last week granting unprecedented rights to citizens over their personal information and establishing stringent regulations on data handling.
09/22/2023 12:35 P.M.
3 minute read
In a monumental move for consumer rights and data protection, Delaware Governor John Carney signed into law the Delaware Personal Data Privacy Act, considered the most robust data privacy bill in the nation, on Sept. 11, 2023.
State Rep. Krista Griffith, the bill’s sponsor, emphasized that this legislation grants Delawareans essential rights they have never had before regarding access to and control over their personal data.
Effective Jan. 1, 2025, the act addresses a critical need for transparency and control over personal information.
Under the law, citizens will gain the right to access and manage their personal information, correcting any inaccuracies and even requesting its deletion.
“The [a]ct applies to persons that conduct business in Delaware or persons that produce products or services that are targeted to residents of Delaware and that during the preceding calendar year did any of the following:
- Controlled or processed the personal data of not less than 35,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction.
- Controlled or processed the personal data of not less than 10,000 consumers and derived more than 20[%] of their gross revenue from the sale of personal data.”
Owen Lefkon, director of the Department of Justice’s Fraud and Consumer Protection Division, highlighted that the legislation empowers consumers by offering them choices in data sharing, giving them control over their own information.
“Sometimes people want to give their data,” Lefkon says, according to an article from Delaware Public Media. “You can get benefits, you can get a discount. One of the key things about this bill is it gives consumers choice. It puts the control back in the hands of the consumer.”
Additionally, under the law, “consumers have the right to:
- Confirm processing of their personal data and access such data;
- Correct inaccuracies, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data;
- Delete personal data provided by, or obtained about, the consumer;
- Obtain a copy of the consumer’s personal data processed by the controller;
- Obtain a list of the categories of third parties to which the controller has disclosed the consumer’s personal data;
- Opt out of processing if for the purpose of targeted advertising, sale, or profiling.”
Moreover, Delaware sets a new precedent by elevating the age restriction on the sale of children’s data, raising it from 16 to 18 years old. The law applies to entities conducting business in Delaware, targeting those controlling or processing personal data of a significant number of consumers. Businesses will be held accountable, especially if they derive a substantial portion of their revenue from personal data sales.
The Delaware Department of Justice is also taking proactive measures to ensure citizens and businesses are well-informed about their rights and obligations. A comprehensive public outreach program is set to begin no later than July 1, 2024, educating consumers and businesses about the implications of their data transactions and the new regulations.
Read more of the law’s provisions and exemptions here.
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