Data Breach Notification Statutes – Delaware
Last Updated: 02/28/2024
- Applicable Statute: Del. Code Title 6, §§ 12B-100, et seq.
- Attorney General Notice Required : Yes.
- Timing: Not specified.
- Method: Online form. Located at: https://attorneygeneral.delaware.gov/fraud/cpu/securitybreachnotification/form/
- Content: See above re form.
- Consumer Notice Requirements:
- Timing: Must be made without unreasonable delay but no later than 60 days after determination of the breach. If a subject entity is not able, through reasonable diligence, to identify all affected residents within 60 days of discovery, the subject entity must provide notice to such residents as soon as practicable after determining breach affected their personal information.
- Method: Notice to an affected resident shall be by written notice, telephonic notice, or electronic notice if consistent with the provisions regarding electronic records and signatures set forth in E-SIGN. Notice can also be made electronically if the entity’s primary means of communication with the resident is by electronic means. Substitute notice may be available under certain conditions. However, if the breach involved access to an individual’s email address and login credentials, the subject entity must use a method other than email to notify the affected individual.
- Credit Monitoring and Related Information: If the breach of security affects Social Security numbers, the entity shall offer to each resident Social Security number was affected credit monitoring services at no cost for one (1) year. In addition, the notice must include information necessary to enroll in the services and information about how the resident can place a credit freeze on their credit file.
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Data Breach Notification Statutes