What are the Rights for Delaware Residents in the Delaware Personal Data Privacy Act (“DPDPA”)?
The DPDPA defines a consumer as a Delaware resident acting only in an individual or household context. The DPDPA excludes individuals acting in a commercial or employment context or as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit organization, or government agency whose communications or transactions with the controller occur solely within the context of that individual’s role with the company, partnership, sole proprietorship, nonprofit organization, or government agency. The DPDPA provides for the following rights to consumers regarding the personal data processed by a controller:
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Right to Confirmation. Confirm whether a controller is processing the consumer’s personal data and access such personal data, unless such confirmation or access would require the controller to reveal a trade secret.
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Right to Corrections. Correct inaccuracies in the consumer’s personal data, taking into account, the nature of the personal data and the purposes of the processing of the consumer’s personal data.
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Right to Deletion. Delete personal data provided by, or obtained about, the consumer.
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Right to Obtain Data. Obtain a copy of the consumer’s personal data processed by the controller, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means, provided such controller shall not be required to reveal any trade secret.
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Right to Obtain List of Categories of Third-parties. Obtain a list of the categories of third-parties to which the controller has disclosed the consumer’s personal data.
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Right to Opt-Out. Opt-out of the processing of the personal data for purposes of any of the following: (a) targeted advertising; (b) the sale of personal data; and (c) profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.
For more information, see here: https://delcode.delaware.gov/title6/c012d/index.html
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