DE HB194

Creates new Chapter 50C in Delaware Code requiring commercial entities to safely destroy consumer personal identifying information no longer retained through shredding, erasing, or other means rendering information unreadable

Defines "personal identifying information" as a consumer's name combined with data elements such as social security number, driver's license number, financial account numbers, credit card numbers, or health care information

Allows consumers to bring civil actions against commercial entities for violations and permits courts to award treble damages; each improperly disposed record constitutes a separate violation

Authorizes Delaware Attorney General's Division of Consumer Protection to bring enforcement actions or administrative proceedings under Chapter 25 of Title 29 with authority to issue cease and desist orders and penalties

Exempts banks, credit unions, financial institutions regulated under Gramm-Leach-Bliley Act; health insurers and facilities compliant with HIPAA; consumer reporting agencies under Federal Credit Reporting Act; and government entities

Effective date: January 1, 2012