Governor Meyer Signed Historic Data Privacy Legislation, Protecting Delaware Residents and Businesses

FOR IMMEDIATE RELEASE
Wednesday, September 2, 2026
Media Contact:
Jamie Mangrum
Jamie.Mangrum@delaware.gov

WILMINGTON, Del. – Governor Matt Meyer today signed two data privacy bills, creating the broadest data protections in the country, covering more Delawareans than any similar law in America.

In collaboration with Attorney General Kathy Jennings and state lawmakers, these bills set the lowest threshold in the nation, stating that any company handling the data of just 10,000 consumers falls under the laws established in these two bills. The bills add new protections for data ensuring that consumers can opt out when companies use protected data in automated decisions, such as loans, apartments, or jobs.

“Your data should belong to you, not the highest bidder, and privacy shouldn’t be a privilege – it’s a right that everyone in Delaware should have,” said Governor Matt Meyer. “That’s why we’re putting the broadest data protections in the country on the books, covering more Delawareans than any similar law in America and adding new safeguards for national origin, citizenship, immigration status, and gender identity. Today Delaware is holding big tech accountable.”

Last week, Attorney General Kathy Jennings announced that Delaware is set to receive a guaranteed $73.6 million over ten years under a landmark $12.1 billion multistate consumer protection settlement with Meta Platforms, Inc., resolving the multiple states’ claims against Meta for its sharing of nonpublic information about Facebook users with third parties.

“The digital landscape has never been as vast as it is at this moment in history. Unfortunately, that also means that the scope of threats to consumers’ privacy has continued to expand,” said Attorney General Kathy Jennings. “Those threats demand leadership from our policymakers — and here, Representative Griffith, Senator Pinkney, and Governor Meyer have answered that call. Together, these two pieces of legislation will strengthen consumer privacy protections, prevent the misuse of Delawareans’ sensitive personal data, and help my office with the readiness it needs to keep our state safe.”

The two privacy laws in this bill package enhance the scope and protections for data access within Delaware and passed in the General Assembly with overwhelming support, with the understanding that data has multiple access points and needs to be regulated.

“Every day, we use technology that decades ago only felt like science fiction. Now it’s an essential part of our lives, used to book doctors’ appointments, apply for credit cards, find preschools in the area, and so much more. But what we don’t always think about is who has access to the information we’re putting into our devices,” said Rep. Krista Griffith, Prime Sponsor of House Bills 380 and 381. “House Bills 380 and 381 help to build up the safeguards necessary to ensure that Delawareans can utilize everyday technologies without worrying that their data is being tracked and used without their knowledge.”

The legislation provides protection of sensitive data being sold, unless strictly necessary to a product or service, with clear notice before the sale and with the consumer’s consent. The bill package also narrows the existing exclusion of employee data which often integrates with AI resume screeners, interview scoring tools, and reports that determine hiring, promotion, discipline, and termination.

Furthermore, the scope of protection expands the categories that require opt-in consent to process, adding national origin, citizenship and immigration status, pregnancy and treatment status, status as transgender or nonbinary, neural data, financial-account credentials, and government-ID numbers (Social Security, passport, state ID, driver’s license). Most consequentially, it treats inferences drawn from other data as sensitive when they are “used to reveal or identify” a sensitive category.

This legislation goes into effect January 1, 2027.

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