Delaware 2023-2024 Regular Session

Delaware House Bill HB359 Latest Draft

Bill / Draft Version

                            SPONSOR:      Rep. Shupe & Sen. Pettyjohn       Reps. Hilovsky, Lynn, Parker Selby, Yearick; Sens. Hocker, Lawson           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE SUBSTITUTE NO. 1   FOR   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 SUBSTITUTE NO. 1 

 FOR 

 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].   (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.  Notwithstanding this paragraph (b)(1), this chapter applies to a regulatory, administrative, advisory, executive, appointive, legislative, or judicial body of the State as necessary for purposes of the enforcement of a consumers right under 12D-104(a)(6) of this title against the State.   Section 2. This Act takes effect on January 1, 2025.      

   

 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]. 

 (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.  Notwithstanding this paragraph (b)(1), this chapter applies to a regulatory, administrative, advisory, executive, appointive, legislative, or judicial body of the State as necessary for purposes of the enforcement of a consumers right under 12D-104(a)(6) of this title against the State. 

 Section 2. This Act takes effect on January 1, 2025. 

   

      SYNOPSIS   This Act is a substitute for House Bill No. 359. This Act, like House Bill No. 359, changes the applicability of the Delaware Personal Data Privacy Act. This Act differs from House Bill No. 359 because instead of applying all of the provisions of the Delaware Personal Data Privacy Act to the State government, this Act limits the application to the State government only for purposes of a consumer enforcing a right under 12D-104(a)(6) of Title 6 of the Delaware Code to opt out of the processing of the consumers personal data for the purpose of targeted advertising, the sale of personal data, and profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.      

   

 SYNOPSIS 

 This Act is a substitute for House Bill No. 359. This Act, like House Bill No. 359, changes the applicability of the Delaware Personal Data Privacy Act. This Act differs from House Bill No. 359 because instead of applying all of the provisions of the Delaware Personal Data Privacy Act to the State government, this Act limits the application to the State government only for purposes of a consumer enforcing a right under 12D-104(a)(6) of Title 6 of the Delaware Code to opt out of the processing of the consumers personal data for the purpose of targeted advertising, the sale of personal data, and profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.