Delaware General Assembly

Signed 6/28/05

The General Assembly has ended, the current status is the final status.

4/14/05

Gilligan

Rep. Stone
Sen. Sokola

Reps. Booth, Buckworth, Ennis, Ewing, Fallon, Hall-Long, Hocker, J. Johnson, Keeley, Longhurst, McWilliams, Mulrooney, Plant, Roy, Schooley, Schwartzkopf, Ulbrich, VanSant, Viola, D.P. Williams
Sen. Bunting, Connor, Cook, Henry

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMPUTER SECURITY BREACHES.

This bill will help ensure that personal information about Delaware residents is protected by encouraging data brokers to provide reasonable security for personal information. This bill borrows from a similar California statute which requires companies to notify residents in the event of a security breach involving personal financial data. California is the only state so far with such a law. Pennsylvania is considering a computer security breach law. This bill requires an individual or a commercial entity that conducts business in Delaware and that owns or licenses computerized data that includes personal information to notify a resident of Delaware of any breach of the security of the system immediately following the discovery of a breach in the security of personal information of the Delaware resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Notification must be made in good faith, in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system. Alternative notification procedures are provided in §12B-103. In a civil action to recover damages (for example, losses due to identity theft), the award is triple the amount of actual damages plus reasonable attorney fees. A violation of this Act falls under the enforcement duties and powers of the Consumer Protection Division of the Department of Justice, which may bring an action in law or equity to address violations of the Act and other appropriate relief. The provisions of this Act do not nullify or impair any common law or statutory right that a person may have in regard to violations under the Act.

75:61

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