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Can I collect geolocation data from participants in Delaware? What are the requirements?

Geolocation Data Collection in Delaware

Based on the documents provided, the collection of geolocation data in Delaware is subject to certain requirements and restrictions.

Student Data Privacy Protection Act

The Student Data Privacy Protection Act defines geolocation data as “information that is, in whole or part, generated by, derived from, or obtained by the operation of an electronic device that can be used to identify the past, present, or future location of an electronic device, an individual, or both” [2]([2]). The Act prohibits the collection of geolocation data from students or their families, except in certain circumstances, such as with the written consent of the parent or guardian [3]([3]).

Child Online Protection Act

The Child Online Protection Act requires websites and mobile applications to comply with requests from users to take down material they posted as minors, even if the person making the request is no longer a minor [4]([4]). However, it does not specifically address the collection of geolocation data.

Biometric Information Privacy Act

The Biometric Information Privacy Act requires individuals or entities that collect biometric data to obtain informed consent from the individual, disclose the purpose of the collection, and implement reasonable procedures to protect the data [1]([1]). While this Act does not specifically address geolocation data, it does provide a framework for the collection and protection of sensitive personal information.

Conclusion

Based on the documents provided, it is unclear whether the collection of geolocation data from participants in Delaware is permissible without their consent. However, the Student Data Privacy Protection Act prohibits the collection of geolocation data from students or their families without written consent, and the Biometric Information Privacy Act provides a framework for the collection and protection of sensitive personal information. Therefore, it is recommended that individuals or entities seeking to collect geolocation data in Delaware obtain informed consent from the individuals and implement reasonable procedures to protect the data.

Source(s):
Jurisdiction

Delaware