Skip to Page Content
Delaware.gov  |  Mobile PageGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email



  

Back
147th General Assembly
Senate Bill # 101

Primary Sponsor: Sokola Additional Sponsor(s):    Sen. Peterson
CoSponsors: Rep. Carson
Introduced on : 06/04/2013
Long Title:AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE STATUTE OF LIMITATIONS FOR DIGITAL DATA BREACHES
Synopsis:With the advent of electronic medical records, social networks, and increased smart phone usage, private and intimate details about people’s lives have now become digital. Information stored digitally can be improperly disclosed and/or accessed more readily than information stored only on paper or microfilm. With personal information about an individual, an offender can obtain credit in that individual’s name. Often, the use of the stolen identity does not occur until years after the theft. The out-of-pocket cost that an individual incurs in the wake of a data breach can include paying off fraudulent debt, law suits, resolution fees, and credit monitoring fees.
In 2010, the personal information of more than 22,000 retired Delaware state employees was posted on a website that was accessible to the public. The posted information included the retirees’ Social Security Numbers, birthdates, and genders. The entity responsible for compiling the information did not encrypt the information to prevent identification. In the span of four days, the information was accessed approximately 100 times by servers outside the United States. A class action suit was filed against the entity in 2010 but was dismissed because the breach had not yet resulted in economic damages beyond the potential cost of credit monitoring. The retirees are however still in peril of later use of their stolen identifiable information that was accessed shortly after it was posted in August, 2010.
This legislation would clarify that a person who is a victim of a "Digital Data Breach" shall have 7 years from the date the personal information is posted in which to bring a civil action for damages.
Current Status: Senate Judiciary Committee   On   06/04/2013
Full text of Legislation:
(in HTML format)
Legis.html Email this Bill to a friend
Full text of Legislation:
(in MS Word format)
Legis.Docx   (Microsoft Word is required to view this document.)

Fiscal Notes/Fee Impact:Not Required
Actions History:
Jun 04, 2013 - Assigned to Judiciary Committee in Senate
site map   |   about this site   |    contact us   |    translate   |    delaware.gov