83 chapters · 1,008 sections in this title.
18 Del. C. § 8601. Short title.
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§ 8601. Short title. This chapter is known and may be cited as the “Insurance Data Security Act.” 82 Del. Laws, c. 176, § 1;
18 Del. C. § 8602. Purpose and intent.
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§ 8602. Purpose and intent. (a) Notwithstanding any other provision of law, this chapter establishes the exclusive state standards for data security and the investigation of, and notification to, the Commissioner and consumers when a cybersecurity event involving a licensee under…
18 Del. C. § 8603. Definitions.
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§ 8603. Definitions. As used in this chapter: (1) “Authorized individual” means an individual to whom a licensee gave authorization to access and use nonpublic information that the licensee and the licensee’s information system holds. (2) “Commissioner” means the Insurance Commis…
18 Del. C. § 8604. Information security program [For application of this section, see 82 Del. Laws, c. 176, § 2].
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§ 8604. Information security program [For application of this section, see 82 Del. Laws, c. 176, § 2]. (a) Implementation of an information security program. — (1) A licensee shall develop, implement, and maintain a comprehensive, written information security program that is base…
18 Del. C. § 8605. Investigation of a cybersecurity event.
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§ 8605. Investigation of a cybersecurity event. (a) If a licensee learns that a cybersecurity event has or may have occurred, the licensee, or an outside vendor or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation. (b) During an in…
18 Del. C. § 8606. Notification of a cybersecurity event.
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§ 8606. Notification of a cybersecurity event. (a) Notification to the Commissioner. — A licensee shall notify the Commissioner as promptly as possible but in no event later than 3 business days from the licensee’s determination that a cybersecurity event has occurred if either o…
18 Del. C. § 8607. Power of Commissioner.
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§ 8607. Power of Commissioner. (a) The Commissioner may examine and investigate the affairs of a licensee to determine whether the licensee has been or is engaged in any conduct in violation of this chapter. The Commissioner’s power under this section is in addition to the powers…
18 Del. C. § 8608. Confidentiality.
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§ 8608. Confidentiality. (a) (1) Documents, materials, or other information in the Department’s control or possession that a licensee or employee or agent acting on behalf of a licensee furnished under § 8604(i) or § 8606(b)(2)b., (b)(2)c., (b)(c)d., (b)(2)e., (b)(2)h., (b)(2)j.,…
18 Del. C. § 8609. Exceptions.
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§ 8609. Exceptions. (a) The following exceptions apply to this chapter: (1) A licensee with fewer than 15 employees is exempt from § 8604 of this chapter. (2) A licensee subject to the Health Insurance Portability and Accountability Act [P.L. 104-191, as amended] that has establi…
18 Del. C. § 8610. Penalties.
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§ 8610. Penalties. If a licensee violates this chapter, the licensee may be subject to penalties under § 329 of this title.82 Del. Laws, c. 176, § 1;
18 Del. C. § 8611. Regulations.
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§ 8611. Regulations. The Commissioner may, in accordance with § 311 of this title, promulgate regulations necessary to carry out the provisions of this chapter.82 Del. Laws, c. 176, § 1;