AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRIVACY FOR CORRECTIONAL OFFICERS, AND PROBATION AND PAROLE OFFICERS.

More privacy for Delaware correctional officers

The law takes effect 180 days after enactment. It covers Delaware correctional, probation, and parole officers who serve on or after that date, including qualifying former and retired officers. Officers can submit signed requests to protect specified personal information about themselves and their families. Protected details include home addresses, home and private mobile numbers, personal email, Social Security and federal tax IDs, and bank and card numbers. Birth, marriage, and property tax records, plus the identities of children under 18, are also covered. Requests must identify the information, any secondary homes, and family members to protect; a representative can submit them with permission. Government agencies and private publishers generally must remove the information within 72 hours, or at the next printed-directory update. Agencies must remove it from internet-accessible and public-records content and cannot repost or release it without the officer’s written consent. Recipients must keep it off websites they control and must not transfer it to others. The law also restricts sharing, soliciting, selling, or trading information with intent to pose an imminent and serious threat. The Department of Correction must establish notification procedures, enroll requesting officers with an online privacy-removal service, and send quarterly request lists to supervisors. Supervisors must share those lists with relevant agencies. Requests last 2 years, with unlimited renewals while employed; officers can revoke them by notifying the Department or request recipient. Officers who retire or leave in good standing can request a 2-year extension measured from departure. Officers fired or removed for cause must leave the Department’s list. A written request is required before a violation can be found. Officers can seek court orders, attorney fees, and damages of at least $10,000, capped at three times actual damages. Conduct that meets existing criminal-law requirements can also carry criminal penalties. Federal protections for online services hosting third-party content remain available.