SIIA encourage to align Delaware HB 154 more closely with consumer privacy best practices found in comparable state laws, as well as correct a likely drafting error that nevertheless implicates serious constitutional concerns within the bill’s exemption for “publicly available information.”
1.HB 154 includes several outlier definitions that muddy its scope and additionally burden businesses while adding few corresponding protections for Delaware consumers.
2. The bill mandates controller responsibilities and consumer rights that create impracticalities for well-intentioned businesses, instead gifting malicious actors opportunities to manipulate these requirements in bad faith.
3. HB 154 lacks routine exemptions and would limit positive and uncontroversial uses of data, opening up Delaware businesses to liability for societally beneficial activity.
4. As written, the bill’s exemption for publicly available information requires this data to be made available not only by government records but also the consumer. Requiring both for this data to be exempted is unworkable and likely unconstitutional.
By heeding the SIIA’s recommendations, Delaware can strike a balance between protecting consumer privacy and avoiding undue burdens on businesses while safeguarding constitutionally guaranteed speech interests.
