Law note · Delaware
Delaware Personal Data Privacy Act, sensitive data and biometric data definitions
DPDPA classifies data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis (including pregnancy), sex life, sexual orientation, transgender or nonbinary status, citizenship or immigration status, genetic or biometric data, a known child's data, and precise geolocation data as sensitive data.
'Biometric data' means data from automatic measurement of biological characteristics used to identify a person, such as a fingerprint or voiceprint, and the raw recording is excluded, but data generated from it is covered once generated to identify a specific individual, matching the Connecticut, Oregon, Montana, and Nebraska structure.
What it asks of an app
- Treat genetic or biometric data as sensitive data requiring heightened handling under DPDPA.
- Treat a voiceprint or other biometric identifier generated from a recording, for the purpose of identifying a specific individual, as covered biometric data. Delaware's exclusion does not reach data generated for that purpose.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, crawls_web, trains_models
Primary source: official Delaware statute text, Title 6 Chapter 12D, Delaware Code