Computer Crimes: Misuse of Computer System Information (private personal data)
DE Computer Data Misuse
Data security · Other
Criminalizes unauthorized display, use, disclosure, or copying of data obtained by accessing a computer system, and receiving or using such data. A civil remedy lets victims sue, and for misuse of private personal data (data about a person that a reasonable person would want kept private) actual damages can be recovered without proving financial loss.
- Where
- Delaware
- Citation
- 11 Del. C. §§ 931, 935, 939, 941
- Status
- In force
- Enforced by
- Criminal prosecution by the State; civil actions by aggrieved persons (941)
- People can sue
- Yes
- Penalties
- Graded computer crimes up to a class D felony (939); civil plaintiffs may recover actual damages, unjust-enrichment damages, treble damages for wilful violations, and attorney fees, and need not prove pecuniary loss for misuse of private personal data (941(c)-(e)).
- Applies to
- Any person who accesses a computer system and makes unauthorized use, display, disclosure, or copies of its data, or knowingly receives or uses such data (935)
Practices it requires
- Do not make unauthorized display, use, disclosure, or copies of data from a computer system accessed by you, or knowingly receive, retain, use, or disclose such data.11 Del. C. § 935
Other duties
- Victims of misuse of private personal data may recover actual damages without proof of pecuniary loss, plus fees; treble damages for wilful violations.11 Del. C. § 941(c)-(e)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Enactment date (64 Del. Laws c. 438, 1984) and later amendments were not verified from session laws.
Research reference, not legal advice.