Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I ignore consumer requests for information or deletion in Delaware? What are the requirements?

Consumer Requests for Information or Deletion in Delaware

Under the Delaware Online Privacy and Protection Act (DOPPA), businesses in Delaware must comply with consumer requests for information or deletion [2.1]. Consumers have the right to request access to their personal information collected by a business and to request that the business delete their personal information. Businesses must provide a means for consumers to make such requests and must respond to the request within 45 days.

A business may deny a consumer’s request for access or deletion if the business can demonstrate that the request is manifestly unfounded or excessive, or if the business needs the information for certain specified purposes, such as to comply with a legal obligation [2.1].

Penalties for Non-Compliance

Failure to comply with DOPPA can result in civil penalties of up to $10,000 per violation [2.1]. Additionally, the Delaware Attorney General may bring an action to enjoin violations of DOPPA and to obtain damages on behalf of consumers.

Deceptive Practices in Consumer Contracts

It is important to note that businesses in Delaware engaging in deceptive practices in consumer contracts, such as distorting or obscuring the terms, conditions, or meaning of the contract, or omitting information required by law to be disclosed in contracts with a consumer, may be in violation of Delaware law [2.1].

Conclusion

In Delaware, businesses must comply with DOPPA, which requires businesses to provide clear and conspicuous notice to consumers about the types of personal information collected, how it is used, and with whom it is shared. Consumers have the right to request access to their personal information and to request that the business delete their personal information. Businesses must provide a means for consumers to make such requests and must respond to the request within 45 days. Failure to comply with DOPPA can result in civil penalties of up to $10,000 per violation. It is also important for businesses to avoid engaging in deceptive practices in consumer contracts to avoid violating Delaware law.

Source(s):
Jurisdiction

Delaware