US AI Law Tracker: Delaware | AI Law Center

State/Terr	AI Scope	Relevant Law	Law Link	Effective Date	Key Requirements	Enforcements & Penalties
Delaware	AI in Government	Delaware Artificial Intelligence Commission Act	HB 233	July 17, 2024	• Requires the Delaware Artificial Intelligence Commission to conduct an inventory of all generative AI usage in Delaware government.	N/A
Delaware	AI Intimate Images	Amendment to the Delaware Code Relating to Deepfakes	HB 353	August 7, 2024	• Sets out civil and criminal remedies for wrongful disclosure of deepfakes that depict individuals in the nude or engaging in sexual conduct so long as the depicted person is identifiable and did not consent to the disclosure.	Existing criminal penalties under the Unauthorized Disclosure of Intimate Images statute apply.
Delaware	Automated Decision-Making	Delaware Personal Data Privacy Act	Del. Code tit. 6, § 12D-101 et seq.	January 1, 2025	• Provides consumers the right to opt-out of any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual’s economic situation, health, demographic characteristics, personal preferences, interests, reliability, behavior, location, or movements in furtherance of solely-automated decisions that produce legal or similarly significant effects concerning the consumer (i.e., the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health–care services, or access to essential goods and services). • Requires a data protection assessment of each processing activity involving such automated processing of personal data. Other obligations and restrictions may apply depending on the type of data processed.	Up to $10,000 per violation.

State/Terr

AI Scope

Relevant Law

Law Link

Effective Date

Key Requirements

Enforcements & Penalties

Delaware

AI in Government

Delaware Artificial Intelligence Commission Act

HB 233

July 17, 2024

• Requires the Delaware Artificial Intelligence Commission to conduct an inventory of all generative AI usage in Delaware government.

N/A

Delaware

AI Intimate Images

Amendment to the Delaware Code Relating to Deepfakes

HB 353

August 7, 2024

• Sets out civil and criminal remedies for wrongful disclosure of deepfakes that depict individuals in the nude or engaging in sexual conduct so long as the depicted person is identifiable and did not consent to the disclosure.

Existing criminal penalties under the Unauthorized Disclosure of Intimate Images statute apply.

Delaware

Automated Decision-Making

Delaware Personal Data Privacy Act

Del. Code tit. 6, § 12D-101 et seq.

January 1, 2025

• Provides consumers the right to opt-out of any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual’s economic situation, health, demographic characteristics, personal preferences, interests, reliability, behavior, location, or movements in furtherance of solely-automated decisions that produce legal or similarly significant effects concerning the consumer (i.e., the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health–care services, or access to essential goods and services).

• Requires a data protection assessment of each processing activity involving such automated processing of personal data.

Other obligations and restrictions may apply depending on the type of data processed.

Up to $10,000 per violation.

Information updated monthly

Delaware

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