2019 Delaware Code
Title 6 - Commerce and Trade
Chapter 50C. Safe Destruction of Records Containing Personal Identifying Information
§ 5001C Definitions.
For purposes of this chapter:
(1) “Commercial entity” means a corporation, business trust, estate, trust, partnership, limited partnership, limited liability partnership, limited liability company, association, organization, joint venture, or other legal entity, whether or not for profit, that transacts business in this State. For the purposes of this paragraph, “transacts business in this State” means the course or practice of carrying on any business activity in this State and includes the solicitation of business or orders in this State.
(2) “Consumer” means an individual who enters into a transaction primarily for personal, family, or household purposes except employees.
(3) “Personal identifying information” means a consumer’s first name or first initial and last name in combination with any 1 of the following data elements that relate to the consumer, when either the name or the data elements are not encrypted:
Social Security number; passport number; driver’s license or state identification card number; insurance policy number; financial services account number; bank account number; credit card number; debit card number; tax or payroll information or confidential health-care information including all information relating to a patient’s health-care history; diagnosis condition, treatment; or evaluation obtained from a health-care provider who has treated the patient which explicitly or by implication identifies a particular patient.(4) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form on which personal identifying information is recorded or preserved. “Record” does not include publicly available directories or sources containing information a consumer has voluntarily consented to have publicly disseminated or listed or which is disseminated as provided for by applicable law or regulation, such as name, address, or telephone number, or other directories or sources as are derived solely from such directories or sources.
79 Del. Laws, c. 287, § 1; 80 Del. Laws, c. 21, § 1.
