Delaware General Assembly

Lieu/Substituted 6/9/15

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

SS 1 for SB 68

4/23/15

Blevins

Rep. Schwartzkopf

Sen. Henry, Lopez, Marshall, Peterson
Reps. Briggs King, Keeley, Lynn, Matthews, Miro, Osienski, Viola

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO ONLINE PRIVACY AND PROTECTION.

This bill creates the Delaware Online Privacy and Protection Act, which expands the legal protections available under Delaware law to individuals, in particular children, relating to their online and digital activities. First, the bill prohibits the operator of an Internet service directed to children from marketing or advertising on its Internet service certain products or services deemed harmful to children. When the marketing or advertising on an Internet service directed to children is provided by an advertising service, the operator of the Internet service is required to provide notice to the advertising service, after which time the prohibition on marketing and advertising the specified products or services applies to the advertising service directly. The bill also prohibits an operator of an Internet service who has actual knowledge that a child is using the Internet service from using the child’s personally identifiable information to market or advertise the specified products or services to the child, and also prohibits such an operator from disclosing a child's personally identifiable information if that operator has actual knowledge that the child’s personally identifiable information will be used for the purpose of marketing or advertising a specified product or service to the child. Second, the bill requires the operator of an Internet service to make its privacy policy conspicuously available on its Internet service if the Internet service collects personally identifiable information from Delaware residents for commercial purposes, and it requires the operator to comply with that privacy policy. The bill, among other things, requires that the privacy policy identify the categories of personally identifiable information that the operator collects about individual consumers who use or visit its Internet service and third parties with whom the operator may share the information. Third, this bill protects the personal information of users of digital book services and technologies by prohibiting a commercial entity which provides a book service to the public from disclosing personal information regarding users of the book service to law enforcement entities, governmental entities, or other persons, except under specified circumstances. Among other things, the bill allows immediate disclosure of a user's book service information to law enforcement entities when there is an imminent danger of death or serious physical injury requiring disclosure of the book service information, and requires a book service provider to preserve a user’s book service information for a specified period of time when requested to do so by a law enforcement entity. The bill also requires a book service provider to prepare and post online an annual report on its disclosures of personal information, unless exempted from doing so. The bill gives the Consumer Protection Unit of the Department of Justice the authority to investigate and prosecute violations of the acts. This bill becomes effective January 1 following its enactment into law.

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Takes effect upon being signed into law

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