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July 14, 2023

Delaware to Join Ranks of States With Data Privacy Laws

On June 30, 2023, the Delaware legislature passed the Delaware Personal Data Privacy Law, a comprehensive data privacy law.  Delaware Governor John Charles Carney Jr. is expected to sign the bill into law, which would make Delaware the twelfth state to pass a consumer data privacy law. Notably, the Personal Data Privacy Law does not include exceptions for HIPAA covered entities and business associates, so HIPAA-regulated entities will need to comply with the new law to the extent they meet the criteria of the law.  But the Personal Data Privacy Law expressly does not apply to protected health information (as defined under HIPAA), and organizations that are HIPAA-complaint should not find it too difficult to comply with many of the requirements of the new law.

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