Privacy & Information Security Law Blog

On August 7, 2015, Delaware Governor Jack Markell signed four bills into law concerning online privacy. The bills, drafted by the Delaware Attorney General, focus on protecting the privacy of website and mobile app users, children, students and crime victims.

1. The Delaware Online and Personal Privacy Protection Act

The Delaware Online and Personal Privacy Protection Act (S.B. 68) will require operators of commercial internet services such as websites and mobile apps to make a privacy policy conspicuously available to the extent they collect online personally identifiable information (“PII”) of Delaware residents. Pursuant to the bill, the website or mobile app must have a privacy policy in place that discloses, among other things, information regarding the service’s collection and disclosure of PII and its online tracking practices.

This bill also aims to protect children’s privacy by restricting online businesses from advertising or marketing specific types of age-restricted products (such as alcohol and firearms) and services (such as certain gambling activities) on websites and mobile apps directed to children. In addition, the bill regulates the privacy practices of online businesses that primarily provide services related to e-books, including audio books. The bill restricts book service providers from knowingly disclosing a user’s PII to third parties without written consent and requires them to post an annual transparency report on their website.

2. The Student Data Privacy Protection Act

The Student Data Privacy Protection Act (S.B. 79) is modeled on California’s Student Online Personal Information Privacy Act and restricts education technology providers from selling student data, using student data to engage in targeted advertising directed to students or their families, amassing a profile on students to be used for non-educational purposes or disclosing student data unless in accordance with a permissible purpose set forth in the bill.

3. The Employee/Applicant Protection for Social Media Act

Similar to similar laws in other states, the Employee/Applicant Protection for Social Media Act (H.B. 109) places restrictions on an employer requiring or requesting access to an employee’s or applicant’s personal social media account.

4. The Victim Online Privacy Act

The Victim Online Privacy Act (H.B. 102) provides privacy protection for witnesses and victims of crimes. It prohibits posting or publicly disclosing online contact information or images of crime victims, material witnesses or their families for the purpose of inciting someone to commit violence against them.