Duty LXD-2336
Records text chat, in Delaware
Delaware Violation of Privacy Statute (Surveillance and Interception Clauses)since 5 lines
11 Del. C. § 1335(a)(1)-(5) · Read the law's page
- Do not trespass on property intending to subject anyone to eavesdropping or other surveillance in a private place.
- Do not install, in a private place, a device for observing, photographing, recording, amplifying or broadcasting sounds or events there, without the consent of the person or persons entitled to privacy there.
- Do not install or use, outside a private place, a device for hearing, recording, amplifying or broadcasting sounds originating in that place that would not ordinarily be audible or comprehensible outside, without that consent.
- Do not intercept a message by telephone, telegraph, letter or other means of communicating privately, including a private conversation, without the consent of all parties to it.
- Do not divulge the existence or contents of such a message without the consent of the sender and the receiver, where you know it was unlawfully intercepted or you learned of it through employment with an agency that transmits such messages.
Delaware Wiretapping, Electronic Surveillance and Interception of Communications Statutesince 3 lines
11 Del. C. §§ 2401, 2402, 2409 · Read the law's page
- Do not intercept, or endeavor or procure another to intercept, a wire, oral or electronic communication unless you are a party to it or one of the parties has given prior consent, and never for the purpose of a criminal or tortious act; one party's consent is enough under this chapter.
- Do not intentionally disclose or use the contents of a wire, oral or electronic communication that you know, or have reason to know, were obtained by an interception made in violation of this chapter.
- If you provide an electronic communication service to the public, do not intentionally divulge the contents of a communication in transmission on your service to anyone other than an addressee, an intended recipient or their agent, except as federal or state law authorizes, to a person forwarding it to its destination, or, for contents inadvertently obtained that appear to pertain to a crime, to a law-enforcement agency.
Computer Security Breaches, protection of personal informationsince 1 line
Del. Code Ann. tit. 6, section 12B-100 · Read the law's page
- Implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of that personal information, collected or maintained in the regular course of business.
- This binds any person, including a government entity, that conducts business in Delaware and owns, licenses, or maintains personal information of a Delaware resident.
- There is no separate compliance runway to build against: the duty has been in force since , when 81 Del. Laws, c. 129, section 1 took effect 240 days after its approval.
- Expect enforcement only from the Delaware Attorney General, through the Director of Consumer Protection, seeking to address a violation and to recover direct economic damages; the chapter does not itself state whether a private plaintiff may also sue.