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Can I collect personal information from participants in Delaware? What are the requirements?

Collecting Personal Information from Participants in Delaware

Based on the Delaware Code, collecting personal information from participants in Delaware may be subject to certain requirements and restrictions, including obtaining consent for disclosure and complying with regulations for certain industries.

Disclosure of Personal Information

Personal information concerning a user cannot be disclosed by a state agency to any person, firm, partnership, corporation, limited liability company, or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information [1.1]. Therefore, collecting personal information from participants in Delaware may be subject to this prohibition on disclosure, and consent from the user may be required for disclosure.

Interactive Fantasy Sports Contests

If you are an operator of interactive fantasy sports contests or operations, you may be required to provide criminal record information for certain individuals involved in the day-to-day management of the contests or operations, as well as submit fingerprints and other necessary information for a criminal background check [2.3].

Registration is required for operators administering, managing, or otherwise making available an interactive fantasy sports platform to persons located in Delaware [2.2]. The Director shall publish a list of all operators registered in Delaware pursuant to this subchapter on a state website for public use [2.2]. Interactive fantasy sports contests offered by a registrant in accordance with the provisions of this subchapter shall not constitute gambling as defined in §§ 1401-1431 of Title 11 [2.2].

Internet Lottery

The Director is authorized to operate an Internet lottery in accordance with this chapter, other Delaware laws, and federal law [2.5]. No Internet lottery game shall be conducted unless the software, computer or other gaming equipment utilized can verify that the player engaged in such game is physically present in the State at the time they engage in such games [2.5].

Additional Information

The Delaware Online Privacy and Protection Act requires operators of commercial websites or online services that collect personally identifiable information from Delaware residents to conspicuously post a privacy policy on their website or online service [3.1].

Conclusion

In summary, collecting personal information from participants in Delaware may be subject to certain requirements and restrictions, including obtaining consent for disclosure and complying with regulations for certain industries such as interactive fantasy sports contests. It is important to review the relevant Delaware Code and regulations to ensure compliance.

[1.1]: 6 DE Code § 1202B [2.2]: 29 DE Code § 4863 [2.3]: 29 DE Code § 4807A [2.5]: 29 DE Code § 4826 [3.1]: 6 DE Code § 1201C

Source(s):
Jurisdiction

Delaware