Technology

This Act amends the Delaware Personal Data Privacy Act (DPDPA), Chapter 12D of Title 6, originally enacted in 2023, to more closely align the DPDPA with similar consumer data protection laws enacted in other states. This Act amends the applicability threshold of the DPDPA to entities who process the personal data of not less than 15,000 consumers, which on a population percentage basis closely aligns to thresholds in Connecticut and New Jersey. This Act amends Gramm-Leach-Bliley Act (GLBA) applicability exemptions, adopting approaches to financial data in similar laws in Connecticut, Montana, and Oregon, by exempting all data regulated by GLBA while limiting entity-level exemptions specifically to banks and insurers and their respective affiliates. This Act introduces contracting and due diligence requirements where businesses sell or disclose personal data to third parties and also harmonizes several DPDPA business requirements and consumer rights with personal data privacy laws in other states. This Act also makes technical changes to existing law to conform to the standards of the Delaware Legislative Drafting Manual.

This Act requires that meetings of the Public Service Commission be livestreamed virtually and requires that members of the public have the opportunity to comment virtually.

This Act makes it an unlawful practice to engage in a commercial transaction with a consumer who interacts with computer technology, under circumstances where a reasonable person would believe that person is engaging with an actual human, without notifying the consumer that the consumer is communicating with a computer and not a human being. It provides a private right of action for damages. It provides that a violation is an unlawful practice and prohibited trade practice. It permits the Attorney General to seek injunctive relief and a civil penalty of not more than $5 million dollars for violations. This Act is effective 180 days after its enactment into law.

Ohio recently adopted “Braden’s Law”, named after Braden Markus. Braden, a high school student, tragically took his own life after being coerced into sharing sensitive photographs online and then threatened with release of the photographs on social media if he did not pay money. Braden’s parents, Jenn and Jarod, endured months of anguish after being denied access to Braden’s personal cell phone records. In response, part of Braden’s Law requires courts to adjudicate a parent or legal guardian’s request for an order directing access to a deceased minor’s digital assets and digital accounts within 30 days. In Delaware, a fiduciary can access to digital assets and digital accounts under Chapter 50 of Title 12. A fiduciary must send to the custodian of digital assets or digital accounts a valid written request for access. The custodian must comply with the valid written request within 60 days. If the custodian fails to comply, the fiduciary can ask the Court of Chancery (the “Court”) for an order directing the custodian to grant access to the digital assets. If the fiduciary seeking access to a digital asset or digital account is a parent or legal guardian of a minor deceased account holder, this Act requires the Court to treat the application as expedited and aim to resolve the application within 30 days after the application is filed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

HB 64 requires Delaware school boards to provide remote access for public participation in meetings, directly affecting school board members and community residents. The bill mandates that meetings include a functional online platform - such as live streaming or video conferencing - allowing the public to view proceedings and submit comments remotely. This change ensures that residents who cannot attend in person, including those with mobility challenges or during emergencies, can engage with school governance. The provision applies to all regular and special school board meetings under Delaware law. It focuses on practical accessibility without altering school policies or funding.

This Joint Resolution directing the Artificial Intelligence Commission to work in collaboration with the Secretary of State to create a regulatory sandbox framework for the testing of innovative and novel technologies that utilize agentic artificial intelligence.

This Act broadens the scope of a special fund administered by the Office of the Deaf and Hard of Hearing that provides telecommunications assistance to Delaware residents who have deafness, hearing loss, or speech disabilities related to deafness or hearing loss. This Act authorizes the office to provide residents with assistive devices that facilitate communication or provide users with information pertaining to emergencies. It also authorizes the Office to employ individuals to administer the program, provide education, and manage program resources. This Act adds restrictions on how money in the Fund may be spent and requires a three-month reserve be maintained to ensure financial solvency of the Fund. This Act also requires the Office of the Deaf and Hard of Hearing to file an annual report with the Governor, the Chief Clerk of the House, and the Secretary of the Senate concerning the performance of the fund in the previous fiscal year.

This Act prohibits law-enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data. This Act is not intended to prevent a law-enforcement agency from working with the federal government on other public safety efforts.

This Act requires that Department of Finance employees submit to criminal background checks and are subject to continuous criminal history monitoring.  It also authorizes the Department to submit contractors or third parties, that require or may require access to Department systems, facilities, or data, to submit to a criminal background check and continuous criminal history monitoring.