Privacy Law Library

Safe Destruction of Records Containing Personal Identifying Information

DE Records Destruction Law

Data security

Requires businesses that permanently dispose of consumer records containing a name plus sensitive identifiers (SSN, ID, account, card, insurance, tax, payroll, or health information) to shred, erase, or otherwise make the information unreadable. Consumers harmed by reckless or intentional violations can sue for actual damages.

Where
Delaware
Citation
6 Del. C. §§ 5001C to 5004C (Title 6, Chapter 50C)
Status
In force
In force since
2015-01-01
Enforced by
Private enforcement by affected consumers (5003C)
People can sue
Limited
Penalties
A consumer who suffers actual damages from a reckless or intentional violation may sue the commercial entity (5003C); no statutory penalty amount is set.
Applies to
  • Commercial entities, for-profit or nonprofit, that transact business in Delaware and dispose of records with consumers' personal identifying information (5001C(1), 5002C)
  • Exempt: GLBA-regulated banks, credit unions, and financial institutions; HIPAA-compliant health insurers and health-care facilities; FCRA-compliant consumer reporting agencies; government bodies (5004C)

Security duties

  • Before permanently disposing of records containing consumers' personal identifying information, take reasonable steps to destroy them (shred, erase, or modify) so the information is unreadable or indecipherable.6 Del. C. § 5002C

Other duties

  • Covered information is a consumer's name plus an unencrypted SSN, passport, driver's license or state ID, insurance policy, financial or bank account, credit or debit card number, tax or payroll information, or confidential health-care information; employees are not 'consumers.'6 Del. C. § 5001C(2)-(3)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: 80 Del. Laws c. 21 (approved May 28, 2015) amended § 5001C definitions; its effective date was not confirmed, so last_amended is left null.

Research reference, not legal advice.