(a) Each agency that maintains a state agency website shall develop a policy in conformity with the provisions of this subchapter. Each such policy shall include, but not be limited to, the following elements:

(1) A statement of any information, including personal information, the state agency website may collect with respect to the user and the use of the information;

(2) The circumstances under which information, including personal information, collected may be disclosed;

(3) Whether any information collected will be retained by the state agency, and, if so, the period of time that such information will be retained;

(4) The procedures by which a user may gain access to the collected information pertaining to that user;

(5) The means by which information is collected and whether such collection occurs actively or passively; and

(6) Whether the collection of information is voluntary or required, and the consequences, if any, of a refusal to provide the required information.

Terms Used In Delaware Code Title 29 Sec. 9018C

  • Collect: shall mean to store information, including via cookie technology, for purposes of retrieval at a later time to initiate communication with or make determinations about the person who is the subject of such information. See Delaware Code Title 29 Sec. 9017C
  • Department: shall mean the Department of Technology and Information. See Delaware Code Title 29 Sec. 9017C
  • Personal information: shall include , but not be limited to, any information concerning a natural person which, because of name, number, symbol, mark or other identifier, can be used to identify that natural person. See Delaware Code Title 29 Sec. 9017C
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • State agency website: shall mean an internet website operated by or for a state agency. See Delaware Code Title 29 Sec. 9017C
  • User: shall mean any natural person who uses the internet to access a state agency website. See Delaware Code Title 29 Sec. 9017C

(b) The Department shall develop a model website privacy policy that can be utilized by state agencies to comply with this section. State agencies may modify or depart from this model policy, provided that the requirements of this subchapter are met.

74 Del. Laws, c. 127, § ?1;