(a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any officer or employee of the Department of Finance or the Department of State or for any other officer, employee, or contractor of this State to disclose or make known in any manner to any person who is not a current officer or employee of this State any of the following:
(1) The amount of unclaimed property that has been reported to and received by the State Escheator or the Secretary of State, or both, by any holder, under this chapter, or to disclose the terms of or supporting documentation related to any annual filing, unclaimed property voluntary disclosure agreement, or settlement agreement resulting from the reporting of any unclaimed property under this chapter, including all agreements entered into under this chapter, including past agreements.
(2) Identifying information regarding any unclaimed property owner that is set forth in any report or record made or delivered to the State Escheator, including the exact amount of any property and the character of any property received by the State Escheator.
(b) Notwithstanding subsection (a) of this section, the State Escheator shall maintain a public record of all names and last-known address identifiers of the person or persons appearing to be entitled to property paid or delivered to the State Escheator under this chapter, including whether the value of such property exceeds a set amount to be determined by the State Escheator.
(1) The State Escheator shall retain other identifying information in a report or record made or delivered to the State Escheator.
(2) The State Escheator shall consider the information in paragraph (b)(1) of this section to be confidential and the information may be disclosed only in the discretion of the State Escheator.
(3) The State Escheator may provide additional information regarding unclaimed property as follows:
a. To a person who has presented satisfactory proof of an interest in or title to such property.
b. For purposes directly connected with the administration of this chapter.
(c) For purposes of this section, “officer or employee” includes present and former officers and employees, and any person currently or formerly employed or retained by the State.
(d) Any violation of this section shall be a misdemeanor, punishable upon conviction by a fine not to exceed $1,000, or imprisonment not to exceed 6 months, or both. The Superior Court shall have exclusive original jurisdiction over such misdemeanor.
(e) Policies and procedures relating to the determination of claims and fraud prevention are confidential and are not a “public record” under Chapter 100 of Title 29.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Subchapter II. Unclaimed Property
§ 1131. Inapplicability to wholly foreign transaction.
§ 1133. When property presumed abandoned.
§ 1134. When contents of safe deposit box presumed abandoned.
§ 1135. When related property interest presumed abandoned.
§ 1136. Indication of owner interest in property.
§ 1138. Retained asset account for insurance policy or annuity contract.
§ 1139. Address of owner to establish priority.
§ 1140. Address of owner in this State.
§ 1141. Holder domiciled in this State.
§ 1142. Report required by holder.
§ 1144. When report to be filed.
§ 1146. When property reportable and payable or deliverable.
§ 1147. Limitation on assignment or transfer of liability.
§ 1148. Notice to owner by holder [For application of this section, see 83 Del. Laws, c. 59, § 25].
§ 1149. Contents of notice by holder.
§ 1151. Cooperation among agencies to determine owner.
§ 1152. Payment or delivery of property to State Escheator.
§ 1153. Effect of payment or delivery of property to State Escheator.
§ 1154. Interest not to run after report of property and limitation on claims.
§ 1155. State Escheator's options as to custody.
§ § 1156. Periods of limitation.
§ 1158. Public sale of property.
§ 1159. Disposal of securities [For application of this section, see 83 Del. Laws, c. 346, § 12].
§ 1161. Purchaser owns property after sale.
§ 1163. Deposit and disbursement of funds.
§ 1164. State Escheator to retain records of property.
§ 1165. Claim for property by person claiming to be owner.
§ 1168. Payment by State Escheator.
§ 1169. Allowance of claim for property.
§ 1170. Request for report of property; compliance reviews.
§ 1173. Voluntary property reporting outreach program.
§ 1174. Records obtained in examination or voluntary disclosure.
§ 1175. Evidence of debt or undischarged obligation.
§ 1176. Failure of person examined to retain records.
§ 1180. Judicial action to enforce liability.
§ 1181. Interstate agreement and cooperation.
§ 1182. Action involving another state.
§ 1183. Interest and penalties.
§ 1184. Other civil penalties.
§ 1186. When agreement to locate property enforceable.
§ 1187. When agreement to locate property unenforceable.
§ 1188. Right of owner's agent to recover property held by State Escheator.