Consumer - Delaware Department of Justice - State of Delaware (original) (raw)
Consumer
Protect Your Personal Information
The Delaware Personal Data Privacy Act gives Delawareans new rights when businesses collect personal information about them. The law went into effect from January 1, 2025. Read more below to learn about your personal data privacy rights available to you.
Your Personal Data, Your Rights
The easiest way to remember your data privacy rights is to keep your data LOCKED
L – Limit the use and sharing of sensitive information collected about you
O – Opt-Out of the sale or targeted advertising
C – Correct inaccurate information
K – Know what personal information is collected and how its used and shared
E – Equal and fair treatment when your personal information is used
D – Delete personal information collected about you
What is personal data?
Name or Nickname
Address
Email Address
Device IDs for your computer, phone, or car
Precise location data
Unique identifier
What is sensitive personal data?
Racial or ethnic origin
Religious beliefs
Health information
Sex life and orientation
Transgender or nonbinary
Citizenship and immigration status
Limit use of sensitive information about you
- Businesses collecting sensitive information MUST get your affirmative consent
- If you give consent, the business must allow you to remove consent just as easily as you gave it.
- Businesses are prohibited from discriminating against you for exercising your Delaware personal data privacy rights.
Opt out of use of personal information
- Opt out of the sale of your personal information
- Opt out of target advertising using your personal information
- Opt out of some automated decisions
Correct information about you
- Residents have the right to ask if business has their personal information
- Delawareans may review that information and may request corrections of that information
Know
Businesses must provide Delawareans a privacy policy that informs them about the personal data collected and how its used.
Privacy policies must inform Delaware residents:
- About the personal information collected about them
- Why the information is being collected
- Who that information is shared with
- If personal data is sold and how to opt out
- About residents rights and how to exercise them
Notices Must Be:
- Easy to understand.
- Free from legal and technical jargon.
- Readable (even on a smaller screen).
- Available in the languages in which you provide other information, such as contracts or sales announcements.
- Reasonably accessible to consumers with disabilities.
Equal and Fair Treatment
Businesses may not use your personal information for illegal discrimination. They also cannot discriminate against you for exercising your personal data privacy rights.
Delete Your Personal Data
Companies covered by the DPDP Act must delete your personal data when requested. And if they don’t, they must tell you how to appeal that decision.
How to exercise your data privacy rights
- Review the businesses required privacy notice
- Contact the business with your request to access, correct, delete, or revoke consent
- Allow the business up to 45 days to respond
- Follow directions to appeal a decision
- If a business does not respond or you wish to appeal, submit a complaint to privacy@delaware.gov