AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO SCANNING INFORMATION FROM DRIVER'S LICENSE OR IDENTIFICATION CARD.

This Act prohibits the use and dissemination of information obtained from the machine readable zone of a driver's license or identification card issued by the Division of Motor Vehicles, with limited exceptions. This Act seeks to protect members of the public at large from having their personal information used for purposes other than those enumerated in this act. Various states have taken similar action to protect the personal information of citizens. This Act is modeled after legislation that was passed in Virginia. The Act is substituted for Senate Bill No. 255 and differs from Senate Bill No. 255 by (1) moving the legislation to Subchapter I (General Provisions) of Chapter 25 (Prohibited Trade Practices) of Title 6 of the Delaware Code; (2) providing a definition for the term “merchant”; (3) correcting the name of the Division of Motor Vehicles; (4) clarifying the existence of both a private cause of action and enforcement authority by the Department of Justice’s Consumer Protection Unit; (5) changing the term “criminal activity” to “unlawful activity” wherever it appears; (6) clarifying the Act’s language relating to check services companies; and (7) making technical corrections to conform the Act to the standards of the Delaware Legislative Drafting Manual.