Delaware Privacy laws & HR compliance analysis

Delaware Privacy: What you need to know

Delaware recognizes the common-law tort for invasion of privacy, which provides that one who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other person. Four separate claims compose this tort, and Delaware recognizes all four claims (Avallone v. Wilmington Medical Center, Inc., 553 F. Supp. 931 (D. Del. 1982)).
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The right of privacy is invaded by:
• Unreasonable intrusions upon the seclusion of others;
• Appropriating another's name or likeness;
• Giving unreasonable publicity to another's private life; or
• Using publicity that unreasonably places another in a false light before the public.
Social Security numbers (SSNs). Companies in Delaware providing insurance may not use an individual's SSN as an identification number on insurance cards (Del. Code tit. 18, § 3569).
Document disposal. Commercial entities in Delaware must take all reasonable steps to destroy or arrange for the destruction of a consumer’s personal identifying information within their custody and control that is no longer to be retained by the commercial entity (Del. Code tit. 6, § 5001C et seq.). Destruction may be accomplished by shredding, erasing, or otherwise destroying or modifying the personal identifying information in those records to make it entirely unreadable or indecipherable through any means for the purpose of:
• Ensuring the security and confidentiality of consumers’ personal identifying information;
• Protecting against any reasonably foreseeable threats or hazards to the security or integrity of consumers’ personal identifying information; and
• Protecting against unauthorized access to or use of consumers’ personal identifying ...

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