This Law Firm Publication by Jackson Lewis P.C. discusses H.B. 294, recently signed into law by Delaware Governor Jack Markell. Under H.B. 294, employers in Delaware must ensure the privacy of employees' unencrypted personal identifying information (defined as an employee's first name or first initial and last name in combination with certain employee-related data elements). Employers must take reasonable steps to destroy or arrange for destruction of such information when in a tangible retrievable medium. Destruction must be by shredding, erasing or otherwise modifying the information to make it unreadable or indecipherable. The new law, which becomes effective January 1, 2015, includes a private right of action for employees who incur actual damages due to reckless or intentional violation.