2016 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 12B. COMPUTER SECURITY BREACHES
§ 12B-101. Definitions.

For purposes of this chapter:

(1) "Breach of the security of the system'' means the unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality, or integrity of personal information maintained by an individual or a commercial entity. Good faith acquisition of personal information by an employee or agent of an individual or a commercial entity for the purposes of the individual or the commercial entity is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure;

(2) "Commercial entity'' includes corporations, business trusts, estates, trusts, partnerships, limited partnerships, limited liability partnerships, limited liability companies, associations, organizations, joint ventures, governments, governmental subdivisions, agencies, or instrumentalities, or any other legal entity, whether for profit or not-for-profit;

(3) "Notice'' means:

a. Written notice;

b. Telephonic notice;

c. Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in § 7001 of Title 15 of the United States Code; or

d. Substitute notice, if the individual or the commercial entity required to provide notice demonstrates that the cost of providing notice will exceed $75,000, or that the affected class of Delaware residents to be notified exceeds 100,000 residents, or that the individual or the commercial entity does not have sufficient contact information to provide notice. Substitute notice consists of all of the following:

1. E-mail notice if the individual or the commercial entity has e-mail addresses for the members of the affected class of Delaware residents; and

2. Conspicuous posting of the notice on the web site page of the individual or the commercial entity if the individual or the commercial entity maintains one; and

3. Notice to major statewide media.

(4) "Personal information'' means a Delaware resident's first name or first initial and last name in combination with any 1 or more of the following data elements that relate to the resident, when either the name or the data elements are not encrypted:

a. Social Security number;

b. Driver's license number or Delaware Identification Card number; or

c. Account number, or credit or debit card number, in combination with any required security code, access code, or password that would permit access to a resident's financial account.

The term "personal information'' does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records;

75 Del. Laws, c. 61, § 1.;