Reverse-keyword court orders enable the government to obtain technology search data without identifying any specific person as to which there is probable cause to believe they have committed or will imminently commit a crime. The profusion of electronic devices and apps in recent years has allowed recordation of numerous details of citizen’s everyday lives, that the government should not be permitted to collect and review at will. Such general searches allow the government to sweep in personal information about hundreds or thousands of people who are not suspected of having committed any crime. These searches are an invasion of privacy, have a potentially chilling effect on civil liberties, and sidestep requirements for individualized suspicion that are otherwise required for a lawful search. This House Substitute for House Bill No. 145 would prohibit law enforcement and courts from requesting, issuing, or enforcing reverse-keyword court orders and reverse-keyword requests, with the exception that reverse-keyword court orders and requests may be utilized to investigate suspected Class A Felonies so long as the search query returns 5 or fewer search hits. It also requires the suppression of evidence derived from an unlawful reverse-keyword search.
Sections 1 and 2 of this Act identify DHIN as the State’s sanctioned provider of Health Data Utility (HDU) services. The HDU concept arises and builds off of services provided by Health Information Exchanges (HIEs) such as DHIN. Including this language will align with DHIN’s development and assist the State in responding to federal and other grant funding opportunities that require or prefer collaboration with a sanctioned HDU. Section 2 of this Act is a clarifying provision that states DHIN’s ability to contract with organizations in furtherance of its mission in business arrangements that facilitate DHIN’s underlying mission, notwithstanding that those organizations may provide services (such as direct provision of treatment to patients) that DHIN does not directly provide under this chapter. It also makes a technical change to align the list of stakeholders identified with lists that appear elsewhere in the statute. Section 3 of this Act aligns DHIN’s use cases more clearly with the requirements of federal law that relate to using health data for analytic and research purposes, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Policy for Protection of Human Subjects (the Common Rule) and makes a technical correction to a description of DHIN processes. This change will also ensure consistency between permitted uses of claims data for research purposes and permitted uses of clinical data. Sections 4 and 5 clarify DHIN’s ability to incorporate clinically relevant information into a patient’s longitudinal record, excluding pricing information, for access as permitted by the laws and regulations governing DHIN’s HIE services. This clarification ensures patients will have access to the clinical information included in claims data for their own uses. Section 5 makes a technical correction to recognize that DHIN’s enabling legislation and applicable federal law do not permit DHIN to “report” data to the public that would be suitable for the public health improvement research and activities purposes designed to be encouraged by that section, and clarifies that the identified agencies will have access to the standardized claims data sets curated by DHIN from the Delaware Health Care Claims Database as otherwise permitted under this statute at no cost.
This House Substitute for House Bill No. 390 clarifies that the agencies may, in their discretion, determine the methodology to be used for bid submission, including limiting bidding to solely electronic submissions. This Act allows for electronic bidding to be conducted through a platform of the agency’s choice. Where electronic bidding is identified as the sole manner of bidding, the agency is not required to provide an anchor location for public attendance at the bid opening. The agency is then required to provide the results of the bidding in real time via an electronic remote hosting platform of the agency’s choosing. The agency must post the results of the solicitation to their website within 2 business days. Additionally, this Act clarifies that a newspaper advertisement is not required if advertisement is submitted to the electronic procurement advertising system defined in § 6902(12) of this title. Finally, this Act clarifies that the agency and awarded bidder may mutually consent to extend the time limit for a contract award. This House Substitute differs from the original bill by adding that the agency must accept paper submissions when the solicitation or request for proposal is under $500,000 but more than the amount specified by the Office of Management and Budget in their annual guidance. It includes that the centralized computer system administered by the Section of Government Support Services will serve as the State's system of record. This substitute also makes technical corrections to conform with the Delaware Legislative Drafting Manual.
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 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.
This Act clarifies that a nonhuman entity, including an agent powered by AI, may not be licensed as a professional nurse, APRN, practical nurse, physician, or physician assistant. It further clarifies that a nonhuman entity may not use any of the foregoing professional titles.
This Act requires each school district and charter school to adopt a policy, with educator input, about cell phone use by students during school hours. Each policy must contain: (1) Clear guidelines about what constitutes acceptable cell phone use at school. (2) A requirement that limits cell phone use during instructional time. (3) The designation of times and places during which students may use their cell phones at school. (4) Guidelines that encourage communication between the schools, parents or guardians, and students about the cell phone use policy. (5) A system of appropriate consequences for violations of the cell phone use policy. (6) Exceptions that address, and are applicable to, emergency situations and medical or educational accommodations. Each school district and charter school shall provide the Department with its policy. Each school district and charter school shall post its policy on its website by August 1, 2025. School districts and charter schools are free to amend their cell phone use policies as needed. If a school district or charter school adopts an amended cell phone use policy, it must be provided to the Department and posted on that school district or charter school’s website.
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.
