Delaware 2023 2023-2024 Regular Session

Delaware House Bill HB359 Draft / Bill

                    SPONSOR:      Rep. Shupe & Sen. Pettyjohn       Reps. Hilovsky, Lynn, Parker Selby, Yearick; Sens. Hocker, Lawson           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE BILL NO. 359       AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PERSONAL DATA PRIVACY AND CONSUMER PROTECTION.      

     

     SPONSOR:      Rep. Shupe & Sen. Pettyjohn       Reps. Hilovsky, Lynn, Parker Selby, Yearick; Sens. Hocker, Lawson     

SPONSOR: Rep. Shupe & Sen. Pettyjohn
Reps. Hilovsky, Lynn, Parker Selby, Yearick; Sens. Hocker, Lawson

 SPONSOR:  

 Rep. Shupe & Sen. Pettyjohn 

 Reps. Hilovsky, Lynn, Parker Selby, Yearick; Sens. Hocker, Lawson 

   

 HOUSE OF REPRESENTATIVES 

 152nd GENERAL ASSEMBLY 

   

 HOUSE BILL NO. 359 

   

 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PERSONAL DATA PRIVACY AND CONSUMER PROTECTION. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:    Section 1. Amend 12D-103, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    12D-103. Applicability of chapter [Effective Jan. 1, 2025].   (a) This chapter applies to persons that conduct business in the State or persons that produce products or services that are targeted to residents of the State and that during the preceding calendar year did any of the following:   (1) Controlled or processed the personal data of not less than 35,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction.    (2) Controlled or processed the personal data of not less than 10,000 consumers and derived more than 20% of their gross revenue from the sale of personal data.   (b) This chapter does not apply to any of the following entities:   (1) Any regulatory, administrative, advisory, executive, appointive, legislative, or judicial body of  the State or  a political subdivision of the State, including any board, bureau, commission, agency of  the State or  a political subdivision of the State, but excluding any institution of higher education.      

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

  Section 1. Amend 12D-103, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  12D-103. Applicability of chapter [Effective Jan. 1, 2025]. 

 (a) This chapter applies to persons that conduct business in the State or persons that produce products or services that are targeted to residents of the State and that during the preceding calendar year did any of the following: 

 (1) Controlled or processed the personal data of not less than 35,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction.  

 (2) Controlled or processed the personal data of not less than 10,000 consumers and derived more than 20% of their gross revenue from the sale of personal data. 

 (b) This chapter does not apply to any of the following entities: 

 (1) Any regulatory, administrative, advisory, executive, appointive, legislative, or judicial body of  the State or  a political subdivision of the State, including any board, bureau, commission, agency of  the State or  a political subdivision of the State, but excluding any institution of higher education. 

   

  SYNOPSIS   This Act expands the protections offered to consumers under the Delaware Personal Data Privacy Act by applying the Delaware Personal Data Privacy Act to the State government.       

 SYNOPSIS 

 This Act expands the protections offered to consumers under the Delaware Personal Data Privacy Act by applying the Delaware Personal Data Privacy Act to the State government.