House Substitute 1 for House Bill 180
149th General Assembly (Present)
AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO BREACHES OF SECURITY INVOLVING PERSONAL INFORMATION.
This Act revises HB 180 to reflect input from a wide group of stakeholders. This Substitute Act differs from HB 180 as follows: Terminology has been revised to be more accurate and consistent. A definition of "person" is added and includes government, consistent with current law. A definition of “determination of breach of security” is added. Marriage certificates, full birth dates and birth certificates, shared secrets and security tokens, and digital or electronic signatures are removed from the definition of "personal information." An application for health insurance is removed from the definition of personal information because all of the information in an application that is of concern is separately listed in the definition of personal information. Removes the requirement that the Department of Justice develop regulations and a model form of notice. Clarifies how to provide notice if a breach involves login credentials of an email account that is the basis of the breach. Clarifies that notice of a breach can be provided after 60 days from discovery when it is determined at a later time that the breach includes additional residents. Provides examples of federal laws that can be complied with to constitute compliance with this chapter. Removes the private right of action for the failure of a person to provide notice under this chapter. The Common Law cause of action for actual damages as a result of a breach is unaffected by this change.