1. (a) Prohibited conduct. —

   1. (1) No person shall publicly post or publicly display the personal information of a correctional officer or their family if the correctional officer has made a written request under § 6598 of this title of that person not to publicly post or publicly display.
   2. (2) No person shall share, solicit, sell, or trade the personal information of a correctional officer or their family with the intent to pose an imminent and serious threat to the health and safety of the correctional officer or their family.

2. (b) Required conduct. —

   1. (1) After a person has received a written request from a correctional officer to protect the personal information of the correctional officer or their family, that person must remove the personal information from public display within 72 hours or, in the case of a printed directory, no later than the next update to the directory.
   2. (2) After a person has received a written request from a correctional officer, that person shall ensure that the correctional officer’s personal information is not publicly displayed, including on any website or subsidiary website controlled by that person.

3. (c) Remedies. —

   1. (1) Equitable relief. —

   A correctional officer or family member whose personal information is made public as a result of a violation of this subchapter may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the correctional officer’s costs and reasonable attorneys’ fees.

   1. (2) Private right of action. —

   A correctional officer or family member whose personal information is publicly posted or publicly displayed in violation of this subsection may bring an action in any court of competent jurisdiction. A prevailing plaintiff in such action shall be awarded damages in an amount not greater than 3 times the actual damages to the plaintiff and not less than $10,000.

   1. (3) Criminal penalties. —

   Public posting or display of a correctional officer’s personal information after receipt of a written request may result in criminal penalties under Title 11 where the statutory elements of a crime defined under that title are met.

4. (d) Affirmative defense. —

Nothing in this section shall be construed to limit or enlarge the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as those terms are defined in 47 U.S.C. § 230.

85 Del. Laws, c. 125, § 1