Can I collect IP addresses from participants in Delaware? What are the requirements?

Collecting IP Addresses from Participants in Delaware

If you are collecting IP addresses from participants in Delaware, you must comply with Delaware’s privacy laws. Delaware has several laws that regulate the collection and use of personal information, including the Delaware Online Privacy and Protection Act ^[5.1] and the Delaware Children’s Internet Protection Act ^[4.2].

Under the Delaware Online Privacy and Protection Act, operators of commercial internet websites, online or cloud computing services, online applications, or mobile applications that collect personally identifiable information through the internet about individual users residing in Delaware who use or visit the operator’s commercial internet website, online or cloud computing service, online application, or mobile application shall make its privacy policy conspicuously available on its internet website, online or cloud computing service, online application, or mobile application ^[5.2].

Therefore, if you are collecting IP addresses from participants in Delaware, you must have a privacy policy that is conspicuously available on your website or application. Your privacy policy must identify the categories of personally identifiable information that you collect through your website or application about users of your website or application and the categories of third-party persons with whom you may share that personally identifiable information. Additionally, your privacy policy must describe the process by which you notify users of your website or application of material changes to your privacy policy and identify the effective date of the privacy policy ^[5.2].

It is important to note that the Delaware Online Privacy and Protection Act requires operators to disclose how they respond to web browser “do not track” signals or other mechanisms that provide users the ability to exercise choice regarding the collection of personally identifiable information about a user’s online activities over time and across third-party internet websites, online or cloud computing services, online applications, or mobile applications, if the operator engages in that collection ^[5.2].

In summary, you can collect IP addresses from participants in Delaware, but you must comply with Delaware’s privacy laws, including the Delaware Online Privacy and Protection Act. You must have a privacy policy that is conspicuously available on your website or application and discloses how you respond to web browser “do not track” signals or other mechanisms that provide users the ability to exercise choice regarding the collection of personally identifiable information about a user’s online activities over time and across third-party internet websites, online or cloud computing services, online applications, or mobile applications, if you engage in that collection.

If you have any further questions or concerns, it is recommended that you consult with a legal professional.

Source(s):

• [4.2] Short title.
• [5.1] Short title.
• [5.2] Posting of privacy policy by operators of commercial online sites and services.

Jurisdiction

Delaware

• Privacy