Quick Facts
Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: No later than 60 days
Government Notification Required: YES, if >500 residents notified
Scope of This Summary:
Notification requirements applicable to any person who conducts business in state and owns, licenses, or maintains covered info. Some types of businesses may be exempt from some or all of these requirements.
Risk of Harm Threshold
Notification not required if, after an appropriate investigation, the covered entity reasonably determines that breach is unlikely to result in harm to affected individuals.
Breach Defined
Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted so long as encryption key is not reasonably believed to also have been acquired.
Form of Covered Info
Electronic Only
Covered Information
A Delaware resident's first name or first initial and last name in combination with any one or more of the following data elements:
- Social Security number.
- Driver's license number or state or federal identification card number.
- Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to a resident's financial account.
- Passport number.
- A username or email address, in combination with a password or security question and answer that would permit access to an online account.
- Medical history, mental or physical condition, medical treatment or diagnosis by a healthcare professional, or deoxyribonucleic acid profile.
- Health insurance policy number, subscriber identification number, or any other unique identifier used by a health insurer to identify the person.
- Unique biometric data generated from measurements or analysis of human body characteristics for authentication purposes.
- An individual taxpayer identification number.
Consumer Notice Timing
Must be made without unreasonable delay but no later than 60 days after determination that breach occurred.
Consumer Notice Method
By written notice, telephonic notice, or electronic notice if it is the primary method of communication with resident or is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied. Other notice methods may be available if only email account login credentials are compromised in breach.
Consumer Notice Content
If a resident's Social Security number was compromised, covered entity must offer one year of credit monitoring services to the resident free of cost and must also provide all information necessary to enroll in such services and information on how resident can place a credit freeze.
Delayed Notice
Notification may be delayed if (1) law enforcement determines that notice will impede a criminal investigation and has made a request for delay to covered entity, or (2) covered entity cannot, through reasonable diligence, identify within 60 days that covered info of certain residents was affected in the breach (must notify those residents as soon as practicable after determining their info was affected, unless substitute notice was made).
Government Notice
If over 500 residents are to be notified, must also notify Attorney General no later than the time resident notice is provided.
Consumer Reporting Agency Notice
The Delaware general breach notification statute does not require notice to Consumer Reporting Agencies.
Exceptions for Other Laws
A covered entity will be deemed in compliance with the statute if it is regulated by state or federal law, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Gramm-Leach-Bliley Act (GLBA), and complies with the breach notification requirements of its functional regulators.
Third-Party Notice
If you maintain covered info on behalf of another entity, you must notify it immediately following determination of a breach. Must cooperate by sharing relevant information about breach.
Private Right of Action
The Delaware general breach notification statute does not provide for a private right of action.
Potential Penalties
Violations may result in civil penalties.
This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.
Last revised on June 15, 2023