Delaware Privacy Laws

A breach of security involving computerized personal information affecting over 500 residents must be reported to the Attorney General no later than the time of consumer notifications. If a breach of security includes Social Security numbers, credit monitoring services must be provided by the breached Organization for a period of 1 year at no cost to affected consumers. Organizations will be responsible to complete any required regulatory reporting and consumer notification.

Delaware residents affected by a breach of security must be notified of the breach within 60 days unless it is determined after an appropriate investigation that harm to the individual(s) is unlikely. If a breach affects residents of other jurisdictions, those individuals must be notified based on the breach notification laws of the jurisdiction where they reside.

Posting of a Privacy Policy containing specific information is required of any operator of a commercial internet website, online or cloud computing service, application or mobile application that collects personal information of Delaware residents. Education-sector vendors must be contracted and abide by contractual requirements for the protection of educational records. Delaware’s Insurance Data Security Law includes requirements for insurance licensees to protect personal information and investigate and respond to breaches of security. Licensees have until July 31, 2021, to comply with the vendor’s management requirements. Entities regulated by the Insurance Commissioner have a breach notification deadline of 3 business days.

Vendors must notify Organizations immediately after the determination of a breach or suspected breach. Vendors must cooperate with Organizations by providing necessary information about a breach incident.

The Attorney General may bring an action to address violations relating to a security breach and may seek relief appropriate to ensure compliance or recover monetary damages, or both. Civil actions may be brought for violations relating to data disposal laws.