Delaware Code Title 6. Commerce and Trade § 1206C. Privacy of information regarding book service users

(a) A book service provider shall not knowingly disclose to any government entity, or be compelled to disclose to any person, private entity, or government entity, any book service information about a user to any person, except under any of the following circumstances:

(1) A book service provider may disclose a user’s book service information to a law-enforcement entity pursuant to any lawful method or process by which a law-enforcement entity is permitted to obtain such information.

(2) A book service provider may disclose a user’s book service information to a governmental entity other than a law-enforcement entity only pursuant to either (i) a court order issued by a duly authorized court with jurisdiction over a matter that is under investigation by the governmental entity or (ii) a court order in a pending action brought by or against the government entity, and in either situation only if all of the following conditions are met:

a. Prior to issuance of the court order, the governmental entity seeking disclosure gives timely, reasonable, written notice of the proceeding to the book service provider to allow the book service provider the opportunity to appear and contest the issuance of the court order.

b. The book service provider refrains from disclosing a user’s book service information pursuant to the court order until it gives timely, reasonable, written notice of the proceeding to the user about the issuance of the order and the ability to appear and quash the order, and the user has been given a minimum of 35 days prior to disclosure of the information within which to appear and quash the order.

(3) A book service provider may disclose a user’s book service information to any person who is not a governmental entity only pursuant to a court order in a pending action brought by or against the person, and only if all of the following conditions are met:

a. The court issuing the order finds that the person seeking disclosure has a compelling interest in obtaining the book service information sought.

b. The court issuing the order finds that the book service information sought cannot be obtained by the person seeking disclosure through less intrusive means.

c. Prior to issuance of the court order, the person seeking disclosure provides, in a timely manner, the book service provider with reasonable notice of the proceeding to allow the book service provider the opportunity to appear and contest the issuance of the court order.

d. The book service provider refrains from disclosing a user’s book service information pursuant to the court order until it provides, in a timely manner, notice to the user about the issuance of the order and the ability to appear and quash the order, and the user has been given a minimum of 35 days prior to disclosure of the information within which to appear and quash the order.

(4) A book service provider may disclose a user’s book service information to a person if the user has given informed, affirmative consent in writing to the specific disclosure to the specific person for a particular purpose.

(5) A book service provider may disclose a user’s book service information to a law-enforcement entity if the law-enforcement entity asserts, orally or in writing, that there is an imminent danger of death or serious physical injury requiring the immediate disclosure of the requested user’s book service information and there is insufficient time to obtain a court order.  Where the user’s book service information was sought pursuant to this subsection by a law-enforcement entity in a criminal matter, the relevant law-enforcement entity shall apply for a search warrant within 48 hours.  In the event such application for approval is denied or such an application is not made, the contents search shall be treated as having been obtained in violation of this subchapter.  Where the law-enforcement entity provided the book service provider only with an oral assertion, the law-enforcement entity seeking the disclosure shall provide the book service provider with a written statement setting forth the facts giving rise to the imminent danger of death or serious physical injury no later than 48 hours after seeking disclosure.

(6) A book service provider may disclose a user’s book service information to a law-enforcement entity if the book service provider in good faith believes that the book service information is evidence directly related and relevant to a crime against the book service provider or that user.

(b) A court issuing an order requiring the disclosure of a user’s book service information may, in its discretion:

(1) Impose appropriate safeguards against the unauthorized disclosure of book service information by the book service provider and by the person seeking disclosure pursuant to the order.

(2) Modify or rescind a court order in a civil proceeding requiring the disclosure of a user’s book service information upon a motion made by the user, the book service provider, or the person seeking disclosure.

(c) A book service provider, upon the written request of a law-enforcement entity, shall take all necessary steps to preserve records and other evidence in the book service provider’s possession of a user’s book service information related to the use of a book or part of a book, pending receipt of a request or demand for such information pursuant to subsection (a) of this section.  The book service provider shall retain the records and evidence for a period of 90 days from the date of the request by the law-enforcement entity, which shall be extended for an additional 90-day period upon a renewed written request by the law-enforcement entity.

(d) Violations.--

(1) Reasonable reliance by a book service provider on a warrant or court order for the disclosure of a user’s book service information, or on any of the enumerated exceptions to the confidentiality of a user’s book service information set forth in this section, is a complete defense to any action for a violation of this section.

(2) Except in an action for a violation of this section, no evidence obtained in violation of this section shall be admissible in any civil or administrative proceeding.

(e) Reporting requirements.--

(1) Unless disclosure of information pertaining to a particular request or set of requests is specifically prohibited by law, a book service provider shall prepare a report including all of the following information, to the extent it can be reasonably determined:

a. The number of federal and state warrants, federal and state grand jury subpoenas, federal and state civil and administrative subpoenas, and federal and state civil and criminal court orders, seeking disclosure of any book service information of a user related to the access or use of a book service or book, received by the book service provider from January 1 to December 31, inclusive, of the previous year.

b. The number of requests for information made with the informed consent of the user as described in paragraph (a)(4) of this section, seeking disclosure of any book service information of a user related to the access or use of a book service or book, received by the book service provider from January 1 to December 31, inclusive, of the previous year.

c. The number of disclosures made by the book service provider pursuant to paragraphs (a)(5) and (6) of this section from January 1 to December 31, inclusive, of the previous year.

d. For each category of demand or disclosure, the book service provider shall include all of the following information:

1. The number of times notice of a court order in a criminal, civil, or administrative action has been provided by the book service provider and the date the notice was provided.

2. The number of times book service information has been disclosed by the book service provider.

3. The number of times no book service information has been disclosed by the book service provider.

4. The number of times the book service provider contested the demand.

5. The number of times the user contested the demand.

6. The number of users whose book service information was disclosed by the book service provider.

7. The type of book service information that was disclosed and the number of times that type of book service information was disclosed.

(2) Notwithstanding paragraph (e)(1) of this section, a book service provider is not required to prepare a report pursuant to this section unless it has disclosed book service information related to the access or use of a book service or book of more than 30 total users consisting of users located in this State or users whose location is unknown and cannot be determined or of both types of users.

(3) The reporting requirements of this subsection shall not apply to information disclosed to a governmental entity that is made by a book service provider serving a postsecondary educational institution when the book service provider is required to disclose the information in order to be reimbursed for the sale or rental of a book that was purchased or rented by a student using book vouchers or other financial aid subsidies for books.

(4) A report prepared pursuant to this subsection shall be made publicly available in an online, searchable format on the book service provider’s website or before March 31 of each year.  If the book service provider does not have a website, the book service provider shall post the report prominently on its premises or send the report in both paper and electronic format to the Consumer Protection Unit of the Department of Justice on or before March 31 of each year.

(5) On or before March 1 of each year, a book service provider subject to § 1205C of this title shall complete 1 of the following actions:

a. Create a prominent hyperlink to its latest report prepared pursuant to paragraph (e)(1) of this section in the disclosure section of its privacy policy applicable to its book service.

b. Post the report prepared pursuant to paragraph (e)(1) of this section of its website explaining the way in which a user’s book service information and privacy issues related to its book service are addressed.

c. State on its website in 1 of the areas described in paragraphs (e)(5)a. and b. of this section that no report prepared pursuant to this subsection is available because the book service provider is exempt from the reporting requirement pursuant to paragraph (e)(2) of this section.

(f) Nothing in this section shall otherwise affect the rights of any person under the Delaware Constitution of 1897 or be construed as conflicting with the federal Privacy Protection Act of 1980 ( 42 U.S.C. § 2000aa et seq. ).


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