Privacy Law Library

Computer Crimes: Misuse of Computer System Information (private personal data)

DE Computer Data Misuse

Data security · Other

Criminalizes unauthorized display, use, disclosure, or copying of data obtained by accessing a computer system, and receiving or using such data. A civil remedy lets victims sue, and for misuse of private personal data (data about a person that a reasonable person would want kept private) actual damages can be recovered without proving financial loss.

Where

Delaware

Citation

11 Del. C. §§ 931, 935, 939, 941

Status

In force

Enforced by

Criminal prosecution by the State; civil actions by aggrieved persons (941)

People can sue

Yes

Penalties

Graded computer crimes up to a class D felony (939); civil plaintiffs may recover actual damages, unjust-enrichment damages, treble damages for wilful violations, and attorney fees, and need not prove pecuniary loss for misuse of private personal data (941(c)-(e)).

Applies to

• Any person who accesses a computer system and makes unauthorized use, display, disclosure, or copies of its data, or knowingly receives or uses such data (935)