Delaware General Assembly

CHAPTER 127

FORMERLY

SENATE BILL NO. 97

WHEREAS, it is important that users of the State of Delaware’s web portal have confidence that information they disclose in the course of using the web portal is appropriately protected; and

WHEREAS, the protections afforded to State of Delaware web portal users should be made available for their review prior to their use of the web portal;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 29 of the Delaware Code by adding new Sections 9014C through 9019C to read as follows:

“Subchapter II: Internet Privacy

§ 9014C. Definitions.

As used in this Subchapter, the following terms shall have the following meanings:

(a) ‘Collect’ shall mean to store information, including via cookie technology, for purposes of retrieval at a later time to initiate communication with or make determinations about the person who is the subject of such information.

(b) ‘The Department’ shall mean the Department of Technology and Information

(c) ‘Disclose’ shall mean to reveal, release, transfer, disseminate or otherwise communicate information orally, in writing or by electronic or other means, other than to the person who is the subject of such information.

(d) ‘Internet’ shall mean a system of linked computer networks, international in scope, that facilitate data transmission and exchange.

(e) ‘Personal information’ shall include, but not be limited to, any information concerning a natural person which, because of name, number, symbol, mark or other identifier, can be used to identify that natural person.

(f) ‘State agency’ shall have the same meaning as that assigned to it in Section 5804(10) of this Title.

(g) ‘State agency website’ shall mean an internet website operated by or for a state agency. Such term shall include those websites operated on behalf of state agencies by other public or private entities, but shall not include any portions of the internet outside the control of the state agency.

(h) ‘User’ shall mean any natural person who uses the internet to access a state agency website.

§ 9015C. Development and Implementation of Agency Privacy Policies.

(a)Each agency that maintains a state agency website shall develop a policy in conformity with the provisions of this Subchapter. Each such policy shall include, but not be limited to, the following elements:

(1) a statement of any information, including personal information,

the state agency website may collect with respect to the user and the use of the information;

(2) the circumstances under which information, including personal information, collected may be disclosed;

(3) whether any information collected will be retained by the state

agency, and, if so, the period of time that such information will be retained;

(4) the procedures by which a user may gain access to the collected information pertaining to that user;

(5) the means by which information is collected and whether such collection occurs actively or passively; and

(6) whether the collection of information is voluntary or required, and the consequences, if any, of a refusal to provide the required information.

(b)The Department shall develop a model website privacy policy that can be utilized by state agencies to comply with this section. State agencies may modify or depart from this model policy, provided that the requirements of this Subchapter are met.

§ 9016C. Disclosure of Agency Privacy Policies.

Each state agency shall post its internet privacy policy on its website. Such posting shall include a conspicuous and direct link to such privacy policy. The policy shall also be made available at no charge to other public and private entities.

§ 9017C. Prohibition on Disclosure of Personal Information.

No state agency shall disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information. For the purposes of this section, the voluntary disclosure of personal information to a state agency by a user through a state agency website, whether solicited or unsolicited, shall constitute consent to the disclosure of the information by the state agency for the specific purposes for which the user disclosed it to the state agency.

§ 9018C. Exceptions.

Notwithstanding Section 9017C of this Title, a state agency may disclose personal information if the disclosure is:

(a) necessary to perform the specific statutory duties of the state agency that collected or is collecting the personal information, or required by state or federal law or regulation;

(b) made pursuant to a court order or by law; or

(c) if the information is used solely for statistical purposes and is in a form that cannot be used to identify any particular person.

§ 9019C. Consistency With Other Code Provisions.

Nothing in this Subchapter shall abridge public access to information available or permitted by any other provisions of the Delaware Code. Nothing in this Subchapter shall authorize the disclosure of information the disclosure of which is prohibited or restricted by any other provisions of the Delaware Code.”