Governor Jack Markell signed four pieces of legislation into law Friday, giving Delawareans, especially children, enhanced privacy and protection for their online activities. The Delaware General Assembly passed the four-part Internet privacy and safety package proposed by Attorney General Matt Denn and a bipartisan group of legislators earlier this year.

The bills prevent educational technology service providers from selling or improperly disclosing the personal data of Delaware schoolchildren, or using it to send targeted advertising to students or their families; prevent companies from advertising inappropriate products on websites and mobile apps directed to children; prevent employers from inappropriately demanding access to the social media accounts of employees or job applicants; require web sites to clearly disclose how they are using the personal data they collect about web site users; restrict the ability of companies to disclose the reading habits of e-book readers; and prevent the location of crime victims and witnesses whose addresses have been changed for their protection from being disclosed on the internet.

“While the internet has revolutionized the way we live and work, and made possible countless advances in our society, we must also recognize that it has made our citizens’ personal information more vulnerable than ever,” said Governor Markell. “Some restrictions on how personal information is shared are reasonable and I commend the legislators, Attorney General Denn and everyone involved in working on these bills for finding a balance between online commerce and personal privacy.”

“The Department of Justice now has the ability to enforce these laws, and make Delaware one of the safest states in the country for kids to use the internet,” said Attorney General Denn. “I’m grateful to the sponsors and supporters from both sides of the aisle, who realized the importance of doing the right thing and supporting these bills.”

Delaware Online Privacy and Protection Act – Senate Substitute 1 for Senate Bill 68 sponsored by Sen. Patricia Blevins and Rep. Pete Schwartzkopf

This bill expands the legal protections available under Delaware law to individuals, in particular children, relating to their online and digital activities. It prohibits marketing certain age-restricted products and services such as alcohol, tobacco, firearms, and body-piercing to children on websites or mobile apps directed to children, and it prohibits using a child’s personal information to market those products and services to that child. It also requires commercial websites and online apps that collect personally identifiable information about users to post a privacy policy explaining what information the website or online app collects and what it does with that information. Finally, the bill restricts the ability of online book service providers from disclosing information about customers’ reading choices without a court order, since what people read can reveal or imply much about them.

“With the Governor’s signature, Delaware now has the ability better to protect our children while they’re online,” said Senate President Pro Tempore Patricia Blevins. “Parents should have the peace of mind to know that products and services intended for adults won’t be marketed to their children on the Internet.”

“Decades ago, cigarette companies advertised on television, where they could easily reach children. Government put a stop to that practice. Today, we have children and teens using social media sites and being bombarded with ads for alcohol, tobacco products, weapons and other things that are not appropriate — or even legal — for people that age,” said House Speaker Pete Schwartzkopf. “This new law will be an important tool in protecting our children from these ads and also addressing the issue of companies collecting our personally identifiable information and how they use it. Delaware will be at the forefront of social media laws thanks to the bills being signed today.”

Student Data Privacy Protection Act – Senate Substitute 1 for Senate Bill 79 sponsored by Sen. David Sokola and Reps. Earl Jaques and Michael Ramone

This bill enables students and educators in Delaware public schools to use technology to enhance student educational opportunities without compromising the privacy and security of student data. The bill prohibits education technology service providers from selling student data, using student data to engage in targeted advertising to students or their families, amassing a profile on students to be used for non-educational purposes, or disclosing student data except as permitted by the bill. The bill requires education technology service providers to have reasonable procedures and practices for ensuring the security of student data they collect or maintain, protecting that student data from unauthorized access, destruction, use, modification, or disclosure, and deleting the student data if appropriately requested to do so by a school or school district. The bill also establishes a Student Data Privacy Task Force to study and make findings and recommendations regarding the development and implementation of a comprehensive framework to govern the privacy, protection, accessibility, and use of student data at all levels of the State’s public education system.

“The Department of Education, school districts, and the educational technology service providers with whom they contract have a moral responsibility to protect sensitive data about our students, and with the Governor’s signature today, they now have a legal responsibility as well,” said Sen. David Sokola, who chairs the Senate Education Committee.

“It is paramount that educational data is safeguarded as well as we protect our credit card info. Students and parents alike should expect and demand it from us,” said Rep. Earl Jaques. “I’m honored and proud to stand with the Attorney General in creating the Student Data Privacy Protection Act. We need to protect our children as these new technologies continue to become part of our everyday lives.”

Rep. Mike Ramone said, “I am glad to be part of this bill-signing event today for SS 1 for SB 79. This is a bill that is very much needed in Delaware. The privacy of our school children, along with their parents and guardians, is of the same value as any other Delawarean, and this legislation will help ensure that students’ data and other private information are kept safe and protected.”

Victim Online Privacy Act – House Bill 102 sponsored by Sen. Blevins and Reps. Michael Barbieri and Deborah Hudson

This bill is an extension of the Department Of Justice’s Address Confidentiality Program for victims of domestic violence, sexual assault, and stalking, as well as material witnesses, and members of their households. Under this bill, it will be unlawful to publicly display, post online, or solicit, sell, or trade online the address, image, or telephone number of a participant in the Address Confidentiality Program for the purpose of inciting someone to commit violence or harm against that person or members of their household. It will also outlaw a person’s ability to publicly display or post such information online if the program participant or their representative has made a written demand on the person to stop.

“This law makes it crystal clear that using the internet to threaten or intimidate a victim of a violent crime is criminal,” said Senate President Pro Tem Blevins. “We owe it to these victims to do all we can to protect them from further violence.”

“It is our responsibility to provide adequate protection for those who are victims of — or witness to — a crime so that they do not feel intimidated or threatened. This is a first step,” said former Rep. Michael Barbieri. “We must work hard to make sure we foster the idea of a safe community where intimidation is not tolerated.”

Rep. Deborah Hudson said, “Many thanks to our criminal justice and law enforcement communities who worked hard on the bills that have been enacted today. In particular, I was very pleased to have sponsored House Bill 102. This will only enhance the many steps already in place in Delaware to protect the identity of a crime victim and ensure his or her safety.”

Employee/Applicant Protection for Social Media – House Bill 109 sponsored by Sen. Bryan Townsend and Rep. Bryon Short

This bill will protect the online activities of Delawareans by prohibiting employers from requiring employees, or applicants, to disclose information that would give the employer access to their personal social media accounts, to log in so the employer may view such accounts, to accept a “friend” request from the employer, or to disable privacy settings on those accounts. The bill respects employers’ rights to investigate and penalize conduct which harms or reflects poorly on the employer. The bill does not restrict employers’ existing control over accounts created for their business purposes and the activities of their employees on such accounts, any electronic device issued or paid for by the company, and their own networks.

“As our digital world evolves, it was important for Delaware to update its privacy laws in a way that acknowledges the role social media plays in many of our lives,” said Sen. Bryan Townsend, who chairs the Senate Banking and Business Committee and who was the Senate prime sponsor of HB 109. “I thank the Governor and Attorney General Denn for their work on crafting a law that strikes the right balance between the rights of employers and employees.”

“More and more, people are including a lot of personal information on their social media sites. Giving an employer or potential employer access to those accounts is akin to letting a stranger read your personal journal,” said Rep. Bryon Short, the House prime sponsor of the bill. “It’s a fine line to walk, between respecting a company’s right to know whether an employee is potentially causing harm to the business through their social media behavior, and forcing a worker to give access to his or her sites. We have accomplished this balance with this new law, which will be an important step forward in social media privacy.”

Attorney General Denn also recognized and thanked Deputy Attorney General Christian Wright of the Fraud and Consumer Protection Division for his work on the legislation.

DOVER, DE – The Delaware General Assembly on Thursday passed the third and fourth parts of the four-part internet privacy and safety package proposed by Attorney General Matt Denn and a bipartisan group of legislators. The package of bills, proposed in April, will now to go the Governor for his signature, and will be enforced by the Delaware Department of Justice.

The bills prevent educational software companies from misusing or improperly disclosing the personal data of Delaware schoolchildren; prevent companies from advertising inappropriate products on websites directed at children; prevent employers from inappropriately demanding access to the social media accounts of employees or job applicants; require web sites to clearly disclose how they are using the personal data they collect about web site users; place restrictions on the ability of companies to disclose the reading habits of e-book readers; and prevent the location of crime victims whose addresses have been changed for their protection from being disclosed on the internet.

Passage of the bills through the General Assembly was a difficult process, with with opposition and issues raised at various times by internet providers, social media companies, and the National Rifle Association.

“I am very grateful to the sponsors of these bills for standing up to a great deal of pressure and doing the right thing for Delawareans, especially children,” Attorney General Denn said. “If these bills are signed by the Governor, we are going to vigorously enforce them to make Delaware the safest state in America for kids to use the internet.”

Delaware Online Privacy and Protection Act – Senate Substitute 1 for Senate Bill 68 sponsored by Sen. Patricia Blevins and Rep. Pete Schwartzkopf

This bill expands the legal protections available under Delaware law to individuals, in particular children, relating to their online and digital activities. It prohibits marketing certain age-restricted products and services such as alcohol, tobacco, firearms, and body-piercing to children on websites or mobile apps directed to children, and it prohibits using a child’s personal information to market those products and services to that child. It also requires commercial websites and online apps that collect personally identifiable information about users to post a privacy policy explaining what information the website or online app collects and what it does with that information. Finally, the bill restricts the ability of online book service providers from disclosing information about customers’ reading choices without a court order, since what people read can reveal or imply much about them.

“This bill simply ensures that products and services that are intended for adults are not marketed toward children,” said Senate President Pro Tem Patricia Blevins. “These are common-sense safeguards that will protect our kids.”

“Decades ago, cigarette companies advertised on television, where they could easily reach children. Government put a stop to that practice. Today, we have children and teens using social media sites and being bombarded with ads for alcohol, tobacco products, weapons and other things that are not appropriate — or even legal — for people that age,” said House Speaker Pete Schwartzkopf. “This bill will be an important tool in protecting our children from these ads and also addressing the issue of companies collecting our personally identifiable information and how they use it.”

Student Data Privacy Protection Act – Senate Substitute 1 for Senate Bill 79 sponsored by Sen. David Sokola and Reps. Earl Jaques and Michael Ramone

This bill enables students and educators in Delaware public schools to use technology to enhance student educational opportunities without compromising the privacy and security of student data. The bill prohibits education technology service providers from selling student data, using student data to engage in targeted advertising to students or their families, amassing a profile on students to be used for non-educational purposes, or disclosing student data except as permitted by the bill. The bill requires education technology service providers to have reasonable procedures and practices for ensuring the security of student data they collect or maintain, protecting that student data from unauthorized access, destruction, use, modification, or disclosure, and deleting the student data if appropriately requested to do so by a school or school district. The bill also establishes a Student Data Privacy Task Force to study and make findings and recommendations regarding the development and implementation of a comprehensive framework to govern the privacy, protection, accessibility, and use of student data at all levels of the State’s public education system.

“This legislation strikes the right balance between protecting the privacy of our children and acknowledging our school’s needs to track their academic progress,” said Sen. David Sokola, who chairs the Senate Education Committee. “The Department of Education and the Internet service providers it contracts with have a responsibility to protect that data, and Senate Bill 79 codifies that. It’s a good law, and I’m pleased it received bi-partisan support.”

“It is paramount that educational data is safeguarded as well as we protect our credit card info. Students and parents alike should expect and demand it from us,” said Rep. Earl Jaques. “We need to protect our children as these new technologies invade our everyday lives, and the Online Privacy & Protection Act will take important steps toward that goal.”

State Representative Mike Ramone stated, “Thank you to my colleagues for approving SS 1 for SB 79. As I have said before, I believe that the privacy of both students and their parents and guardians should not be compromised once the student walks inside a school building. This legislation is designed to put necessary safeguards in place for our students and their families while they are in our public school system.”

Victim Online Privacy Act – House Bill 102 sponsored by Sen. Blevins and Reps. Michael Barbieri and Deborah Hudson

This bill is an extension of the Department Of Justice Address Confidentiality Program for victims of domestic violence, sexual assault, and stalking, as well as material witnesses, and members of their households. Under this bill, it will be unlawful to publicly display, post online, or solicit, sell, or trade online the address, image, or telephone number of a participant in DOJ’s Address Confidentiality Program for the purpose of inciting someone to commit violence or harm against that person or members of their household. It will also outlaw a person’s ability to publicly display or post such information online if the program participant or their representative has made a written demand on the person to stop.

“This legislation gives law enforcement another tool to protect the victims of violent crimes,” said Sen. Blevins. “Using the internet to threaten revenge or intimidate a victim is criminal and this makes that clear in our code.”

“Our landscape is changing and the internet provides us great opportunities but also many threats,” said Rep. Michael Barbieri. “We need to make sure that our laws make sure that we do not use this new technology to harm people who are most vulnerable, our children and victims of crime.”

Rep. Deborah Hudson said, “I am pleased to see House Bill 102 pass the legislature and I look forward to this measure being enacted in the near term. This legislation is very much needed and will go a long way in ensuring that a crime victim’s identity is protected and that they remain safe.”

Employee/Applicant Protection for Social Media – House Bill 109 sponsored by Sen. Bryan Townsend and Rep. Bryon Short

This bill will protect the online activities of Delawareans by prohibiting employers from requiring employees, or applicants, to disclose information that would give the employer access to their personal social media accounts, to log in so the employer may view such accounts, to accept a “friend” request from the employer, or to disable privacy settings on those accounts. The bill respects employers’ rights to investigate and penalize conduct which harms or reflects poorly on the employer. The bill does not restrict employers’ existing control over accounts created for their business purposes and the activities of their employees on such accounts, any electronic device issued or paid for by the company, and their own networks.

“Delaware has now taken the important step of updating its privacy laws and protecting employees’ social media privacy rights,” said Sen. Bryan Townsend. “I thank Attorney General Denn and his team for their work on this increasingly important issue and for helping to strike a fair balance between employer and employee rights.”

“Delaware’s laws have to catch up with technology and the way Delawareans use social media on a daily basis. Our social media accounts contain much of our private lives, and it’s critically important that we make sure that private information stays private if we wish it to be,” said Rep. Bryon Short. “House Bill 109 is an important part of that goal and it’s an important step for Delaware.”

Attorney General Denn also recognized and thanked Deputy Attorney General Christian Wright of the Consumer Fraud Division for his work on the legislation.

WILMINGTON, DE – Legislators and Attorney General Matt Denn announced legislation Friday designed to protect privacy pertaining to the internet and social media. The package of four bills provides a wide range of protections for people with regard to their identities and online activities.

“Using the internet at work, home, school, and for recreation has become an everyday occurrence for the overwhelming majority of people,” said Attorney General Matt Denn. “As a result, we have to do everything possible to protect the privacy and personal information of Delawareans.”

The bills would create an Online Privacy Act, a Victim Online Privacy Act, protect students’ information while allowing education officials to collect data, and ensure the right to privacy for an employee’s social media account information from employers.

“Each of the four pieces of legislation addresses different privacy concerns,” Denn said, “so I look forward to the General Assembly approving each bill, in order to give everyone the utmost protection.”

Delaware Online Privacy and Protection Act – to be sponsored by Sen. Patricia Blevins and Rep. Pete Schwartzkopf

Restricts the ability of internet services to permit marketing of certain products and services (such as alcohol, tobacco, firearms, body-piercing, etc.) to children. It also requires commercial internet services that collect personally identifiable information about users to post a privacy policy explaining how it uses that information the internet service uses that information. Finally, the Act would restrict the ability of online book service providers from disclosing information about customers’ reading choices, since what people read can reveal or imply much about them.

“The Internet should remain open and accessible to its users, but it also shouldn’t be the Wild West where anything goes,” said Sen. Patricia Blevins. “This bill offers some common-sense safeguards to protect the privacy of Delawareans.”

“Decades ago, cigarette companies advertised on television, where they could easily reach children. Government put a stop to that practice. Today, we have children and teens using social media sites and being bombarded with ads for alcohol, tobacco products, weapons and other things that are not appropriate — or even legal — for people that age,” said House Speaker Pete Schwartzkopf. “This bill will be an important tool in protecting our children from these ads and also addressing the issue of companies collecting our personally identifiable information and how they use it. We need to be on the forefront of social media laws, and this package of bills is a good step in that direction.”

Victim Online Privacy Act – to be sponsored by Sen. Blevins and Reps. Michael Barbieri and Deborah Hudson

This Act is an extension of the Department Of Justice Address Confidentiality Program. Under this bill, it would be unlawful to publicly display, post online, or solicit, sell, or trade online the address, image, or telephone number of a participant in DOJ’s Address Confidentiality Program for the purpose of inciting someone to commit violence or harm against that person or members of their household. It will also outlaw a person’s ability to publicly display or post such information online if the program participant or their representative has made a written demand on the person to stop.

“Protecting victims of violent crime from attempts at revenge or intimidation is of paramount importance and this legislation offers victims some additional peace of mind when it comes to their personal safety,” said Sen. Patricia Blevins.

“It is our responsibility to provide adequate protection for those who are victims of – or witness to – a crime so that they do not feel intimidated or threatened. This is a first step,” said Rep. Michael Barbieri. “We must work hard to make sure we foster the idea of a safe community where intimidation is not tolerated.”

“As a longtime volunteer member of the Domestic Violence Coordinating Council, I am fully supportive of any effort to protect a crime victim’s identity and to keep him or her as safe as possible, said Rep. Deborah Hudson. “The Victim Online Privacy Act will greatly assist in that continuing effort.”

Employer Use of Social Media – to be sponsored by Sen. Bryan Townsend and Rep. Bryon Short

This bill will prohibit employers from requiring employees, or applicants, to disclose information that would give the employer access to their personal social media accounts, or to log in so the employer may access such accounts. The bill does respect employers’ rights to investigate and penalize conduct which harms or reflects poorly on the employer. The Act does not restrict employers’ existing control over accounts created for their business purposes and the activities of their employees on such accounts, any electronic device issued or paid for by the company, and their own networks.

“While employers certainly have the right to monitor employees’ social media activity, they don’t have a right to demand access to their workers’ private social media accounts, and this legislation would clearly codify that,” said Sen. Bryan Townsend, who chairs the Senate Banking and Business Committee.

“More and more, people are including a lot of personal information on their social media sites. Giving an employer or potential employer access to those accounts is akin to letting a stranger read your personal journal,” said Rep. Bryon Short, the House prime sponsor of the bill. “It’s a fine line to walk, between respecting a company’s right to know whether an employee is potentially causing harm to the business through their social media behavior, and forcing a worker to give access to his or her sites. This bill respects both the employee and employer and will be an important step forward in social media privacy.”

Student Data Privacy Protection Act – to be sponsored by Sen. David Sokola, Reps. Earl Jaques, and Michael Ramone

This bill enables school districts, schools, teachers, and school staff to collect and use student data for appropriate educational purposes while ensuring that the student data is kept safe and the privacy of students and their parents and guardians is protected. The bill also establishes the duties and responsibilities of operators of internet services used for school purposes with respect to student data they collect, including student personally identifiable information.

“Compiling data is essential for educators to follow the trajectory of a student’s achievement, but that need must be balanced with ensuring that data is safeguarded and does not get into the wrong hands,” said Sen. David Sokola, chair of the Senate Education Committee.

“It is paramount that educational data is safeguard as well as we safeguard our credit card info. Students and parents alike should expect and demand it from us,” said Rep. Earl Jaques. “I’m honored and proud to stand with the Attorney General in creating the Online Privacy & Protection Act. We need to protect our children as these new technologies invade our everyday lives.”

“I am pleased to be a lead sponsor of the Student Data Privacy Act because in an age where a person’s identity can so easily be stolen it’s important that we also do everything we can to secure the data retrieved through our school system,” said Rep. Michael Ramone. “The privacy of both students and their parents and guardians should not be compromised once they walk inside a school building.”