DE HB359: An Act To Amend Title 6 Of The Delaware Code Relating To Personal Data Privacy And Consumer Protection.

In one paragraph

Delaware's HB 359 (152nd General Assembly) would have applied the Delaware Personal Data Privacy Act to State government. Its substitute, HS 1 for HB 359, narrowed this to letting consumers enforce their opt-out right under 6 Del. C. § 12D-104(a)(6) against the State. That right covers opting out of targeted advertising, the sale of personal data, and profiling in furtherance of solely-automated decisions with legal or similarly significant effects. The bill text itself never mentions AI. HB 359 was substituted on May 2, 2024; the substitute stayed in a House committee and died when the 152nd General Assembly ended.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No duties for businesses: the bill died, and it would only have extended an existing privacy opt-out right to State government.

Key provisions

1. 1HB 359 as introduced would have applied the Delaware Personal Data Privacy Act to the State government (synopsis; amends 6 Del. C. § 12D-103)
2. 2HS 1 keeps State bodies exempt except as necessary to enforce a consumer's right under § 12D-104(a)(6) against the State (§ 12D-103(b)(1))
3. 3§ 12D-104(a)(6) lets consumers opt out of processing for targeted advertising, sale of personal data, and profiling in furtherance of solely-automated decisions with legal or similarly significant effects
4. 4The bill text does not mention artificial intelligence or algorithms; only the synopsis refers to automated decisions
5. 5HS 1 would have taken effect January 1, 2025 (Section 2)
6. 6HB 359 substituted May 2, 2024; HS 1 assigned to the House Economic Development/Banking/Insurance & Commerce Committee and went no further before the General Assembly ended

Latest legislative action

May 2, 2024. House Economic Development/Banking/Insurance & Commerce 5/2/24

Sponsors (showing 5 of 39)