On May 12, DEL LEG passed bill on personal data privacy, protection.
DEL LEG passed HB 154 related to personal data privacy and consumer protection.
Bill Provisions
Outlines consumer rights as it relates to consumer data privacy, consumer protection.
Consumer can confirm whether a controller is processing consumer’s personal data.
Allows consumers to correct inaccuracies in the consumer’s personal data.
Consumers can delete personal data provided by, or obtained about, the consumer.
Can obtain a copy of consumer’s personal data processed by the controller in a format that allows the consumer to transmit the data to another controller without hindrance.
Consumers have option to opt out of targeted advertising or profiling affecting them.
Outlines requirements, limitations of controllers relating to consumer's personal data.
Controllers processing data of 100k or more consumers must conduct and document data protection assessment regularly for each of controller’s processing activities.
Legislative History
On May 12, 2023, bill was introduced in House; on Jun. 8, 2023, bill passed House.
On Jun. 27, 2023, bill was introduced in Senate; on Jun. 29, 2023, bill passed Senate.
On Jun. 30, 2023, bill passed House with amendments; pending governor action.
Effectiveness
If Act is enacted before or on Jan. 1, 2024, act takes effect on Jan. 1, 2025.
If Act is enacted after Jan. 1, 2024, act takes effect on Jan. 1, 2026.
Sep. 2023 DEL LEG Governor Approval
On Sep. 11, 2023, DEL LEG reported governor signed bill HB 154, enacted as 84:197.
Enacted bill created the Delaware personal data privacy act effective on Jan. 1, 2025.
Document dated Sep. 11, 2023, was added on Oct. 11, 2023, due to editorial backfill.
