Delaware Recording, Tracking & Surveillance Laws

At a glance

Adult subject — e.g., a spouse

Your own minor child

As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”

General (any subject)

Recording & consent

Delaware is treated as an all-party consent state. Two statutes overlap: the wiretap law (11 Del. C. § 2402) allows one-party recording, but the privacy law (§ 1335) bars intercepting a private message without the consent of all parties. Because of that conflict, the safe rule — and the one courts and practitioners follow — is to get everyone's consent before recording a private conversation.

Violating the privacy law is generally a misdemeanor; the wiretap felony can reach five years. Conversations in public with no reasonable expectation of privacy are different. The federal overlay still applies.

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment — the Third Circuit, covering Delaware, has recognized the right — as long as you don't physically interfere. Recording officers openly in public isn't the kind of secret interception the privacy statute targets.

GPS & vehicle tracking

Delaware has no statute written only for GPS trackers. Tracking a vehicle you own or co-own is generally lawful; secretly tracking someone else can run into the privacy statute (11 Del. C. § 1335) and stalking law. Treat non-consensual tracking as a lawyer question.

Private-investigator licensing

Delaware requires a state license to work as a private investigator, under 24 Del. C. Chapter 13, administered by the Delaware State Police Professional Licensing Section. Applicants need qualifying experience and must pass a background check; investigators work under a licensed agency.

Out-of-state investigator reciprocity

Delaware's PI statute doesn't publish a general reciprocity license we could confirm — an investigator licensed elsewhere normally needs Delaware licensure or a licensed Delaware agency to work here. Confirm current terms with the Delaware State Police Professional Licensing Section before working a Delaware case.

Hidden cameras in private areas

Installing a camera in a private place without the consent of the people entitled to privacy there is a crime in Delaware (11 Del. C. § 1335). Secretly recording someone undressing or exposing their body where they expect privacy — fitting rooms, bathrooms, bedrooms, hotel rooms — is a felony. Hidden cameras in private areas are off-limits.

Cameras in your own home / nanny cams

You can put cameras in your own home, including nanny cams in common areas. The limits: don't aim a camera at a space a guest, tenant, or worker would reasonably treat as private (a bathroom, or a live-in caregiver's bedroom) — that risks the § 1335 felony — and remember audio follows the recording law. Because Delaware is effectively all-party, capturing others' private conversations on a hidden mic can be unlawful even at home.

Doorbell & outdoor cameras

A doorbell or outdoor camera covering your own porch, yard, or the street is fine — no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or capture their private conversations. Aim at your property, not through someone else's walls.

Workplace & employee recording

Because Delaware is effectively all-party, recording a workplace conversation generally needs everyone's consent. Delaware also requires employers to give notice before monitoring employees' phone, email, or internet use (19 Del. C. § 705). Secretly recording conversations you're not part of runs into the privacy statute.

Drone surveillance

Delaware has no general drone-privacy statute — its drone rules focus on correctional facilities, parks, and similar restricted areas. Using a drone to spy into a private place can still be reached by the privacy/voyeurism statute (11 Del. C. § 1335) and civil law; general flight and filming from public vantage points is not prohibited. Because there's no on-point privacy statute, treat drone surveillance of people as a lawyer question. FAA rules govern the airspace.

See an error or an out-of-date citation? Please let us know.

General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official Delaware Codes and consult a licensed Delaware attorney before recording, tracking, installing cameras, or gathering evidence.