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DE SB102
Bill
Status
6/4/2013
Primary Sponsor
David Sokola
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AI Summary
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Adds name, birth date, and address in combination with other personal information to the definition of "personal information" under Delaware data breach law when there is an increased likelihood of identity theft.
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Defines "digital data breach" as intentional, reckless, or negligent unauthorized display, use, disclosure, or copying of an individual's digital personal information without express authorization.
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Establishes liability for persons or entities committing a digital data breach, requiring payment of either actual consequential damages and profits from unauthorized use, or $1,000 per breach per person if no actual damages can be proven.
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Specifies that consequential damages include the present value of lifetime credit monitoring, technical expert consultation fees, and cost of equipment replacement.
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Authorizes the Attorney General to bring enforcement actions through the Consumer Protection Division to address violations, recover direct economic damages, and obtain other appropriate relief.
Legislative Description
An Act To Amend Title 6 Of The Delaware Code Relating To Digital Data Breaches.
Last Action
Assigned to Judiciary Committee in Senate
6/4/2013