2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 50C. SAFE DESTRUCTION OF RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION [EFFECTIVE JAN. 1, 2015]
§ 5002C Safe destruction of records.

In the event that a commercial entity seeks permanently to dispose of records containing consumers' personal identifying information within its custody or control, such commercial entity shall take reasonable steps to destroy or arrange for the destruction of each such record by shredding, erasing, or otherwise destroying or modifying the personal identifying information in those records to make it unreadable or indecipherable.

79 Del. Laws, c. 287, § 1.;

§ 5003C Violations.

A consumer who incurs actual damages due to a reckless or intentional violation of this chapter may bring a civil action against the commercial entity.

79 Del. Laws, c. 287, § 1.;

§ 5004C Exemptions.

This chapter does not apply to any of the following:

(1) Any bank, credit union, or financial institution, as defined under the federal Gramm Leach Bliley Act, 15 U.S.C. § 6801 et seq., as amended, that is subject to the regulation of the Office of the Comptroller of Currency, the Federal Reserve, the National Credit Union Administration, the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision and the U.S. Department of the Treasury, the Department of Business Regulation, or the Delaware Department of Insurance and is subject to the privacy and security provisions of the Gramm Leach Bliley Act;

(2) Any health insurer or health-care facility that is subject to and in compliance with the standards for privacy of individually identifiable health information and the security standards for the protection of electronic health information of the Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191]; or

(3) Any consumer report agency that is subject to and in compliance with the Federal Credit Reporting Act, 15 U.S.C. § 1681 et seq., as amended; or

(4) Any government, governmental subdivision, agency, or instrumentality.

79 Del. Laws, c. 287, § 1.;