Delaware General Assembly

Passed 5/5/22

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

HB 262 w/ HA 1, HA 2

3/31/22

Griffith

This amendment makes the following changes to the Act following meetings and discussions with stakeholders and consideration of the Act in committee: The amendment clarifies the definitions of "brokered personal information" and “business”. The amendment changes the term "data broker" to "data market participant" throughout the Act.The amendment excludes from the definition of “data market participant” any entity to the extent that it is a financial institution or an affiliate of a financial institution subject to the federal Gramm Leach Bliley Act. The amendment relocates the definitions of "data collector" and "third-party data broker" within the Act. The amendment adds definitions for the terms "Consumer Protection Unit", "publicly available information", “sell”, and "third-party service provider" used in the Act. The amendment limits the liability of data market participants, for certain conduct of third parties, to the data market participant’s actual knowledge. The amendment clarifies that the Consumer Protection Unit of the Department of Justice has enforcement authority over all violations of subsections (a), (b), and (c) of Section 12D-102. The amendment clarifies that a business which does not sell or license brokered personal information does not have to register under the Act. The amendment provides examples of federal and State laws or regulations governing the protection, security, or integrity of brokered personal information that may provide a safe harbor for a data market participant's written information security program. The amendment eliminates the private right of action for violations of Section 12D-104. The amendment changes the name of the fund to be established by the Act. The amendment also makes technical corrections to the Act and conforms the language to the Delaware Legislative Drafting Manual.

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