Delaware Surveillance Camera Laws (2026 Guide)

Overview of Delaware Surveillance Camera Laws

Last verified: March 2026. This page reflects current Delaware Code Title 11 (Crimes and Criminal Procedure) and Title 19 (Labor).

Table of Contents

• Overview of Delaware Surveillance Camera Laws
• Home Security Camera Laws in Delaware
• Audio Recording and Wiretapping Laws
• Workplace Surveillance Laws
• Hidden Cameras and Voyeurism Laws
• Nanny Cam Laws in Delaware
• Neighbor Disputes Over Security Cameras
• Penalties for Violating Delaware Surveillance Laws
• Frequently Asked Questions
• More Delaware Laws

Delaware has multiple statutes that govern the use of surveillance cameras, audio recording devices, and electronic monitoring. The two primary laws are 11 Del. C. Section 1335 (Violation of Privacy) and 11 Del. C. Section 2402 (Wiretapping and Electronic Surveillance). Together, these statutes create a framework that allows video surveillance in many situations while imposing strict limits on audio recording and hidden cameras.

Understanding these laws is essential for homeowners installing security systems, employers monitoring workplaces, and anyone considering the use of recording devices in Delaware.

Home Security Camera Laws in Delaware

Delaware law does not prohibit homeowners from installing security cameras on their own property. You are generally free to place outdoor cameras that monitor your yard, driveway, front porch, and other areas of your property.

However, there are important limitations that apply even on your own property.

Where You Can Place Cameras

You can install security cameras in common areas of your home and on the exterior of your property. This includes living rooms, kitchens, hallways, garages, porches, and driveways. These areas do not carry the same expectation of privacy as more personal spaces.

Outdoor cameras that capture your own property and incidentally record portions of public areas (such as sidewalks or streets) are generally permissible. Delaware follows the reasonable expectation of privacy standard, and people in public spaces have a reduced expectation of privacy.

Where You Cannot Place Cameras

Under 11 Del. C. Section 1335(a)(2), it is illegal to install any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in a "private place" without the consent of the person entitled to privacy there.

Delaware law defines a "private place" as any location where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance. This does not include places where the public or a substantial group has access.

The following areas are considered private places where cameras are prohibited without consent:

• Bathrooms and restrooms
• Bedrooms (including guest bedrooms)
• Changing rooms and dressing areas
• Any enclosed space where someone undresses

Placing a camera in any of these locations without the knowledge and consent of the people using those spaces is a criminal offense.

Audio Recording on Home Cameras

Many modern security cameras include built-in microphones. In Delaware, this creates an additional legal concern. Under 11 Del. C. Section 1335(a)(4), it is unlawful to intercept any telephone, telegraph, letter, or other means of communicating privately, including private conversation, without the consent of all parties.

This means that if your home security camera records audio of conversations between visitors, delivery workers, or neighbors, you could potentially violate Delaware law. The safest approach is to either disable audio recording on outdoor cameras or post clear signage notifying visitors that audio and video recording is in progress.

Audio Recording and Wiretapping Laws

Delaware has two statutes that address audio recording, and they create an unusual legal situation.

The Two-Statute Conflict

Delaware's wiretapping statute, 11 Del. C. Section 2402, allows one-party consent for recording communications. Under this law, it is lawful for a person to record a wire, oral, or electronic communication if that person is a party to the communication or if one of the parties has given prior consent, as long as the recording is not made for criminal or tortious purposes.

However, the privacy statute, 11 Del. C. Section 1335(a)(4), makes it illegal to intercept any private communication "without the consent of all parties thereto."

How Delaware Courts Handle the Conflict

Because of this conflict between the two statutes, Delaware is generally treated as an all-party consent state in practice. Legal professionals and courts typically apply the stricter standard from Section 1335, which requires consent from every person involved in a private conversation before recording can take place.

This means that before you record any private conversation in Delaware, whether in person or over the phone, you should obtain consent from all parties involved.

What Counts as a Private Conversation

Not all conversations are protected. The law applies to private communications, meaning conversations where the participants have a reasonable expectation that the conversation is not being overheard or recorded.

Conversations held in public places where others can naturally overhear may not qualify as private communications. However, if two people are speaking quietly in a corner and clearly intend their conversation to be private, recording without consent could still violate the law.

Workplace Surveillance Laws

Delaware has specific statutes governing employer surveillance and electronic monitoring of employees.

Video Surveillance in the Workplace

Employers in Delaware may install video surveillance cameras in the workplace for legitimate business purposes such as security, theft prevention, and safety monitoring. However, cameras cannot be placed in areas where employees have a reasonable expectation of privacy.

Prohibited locations for workplace cameras include:

• Restrooms
• Locker rooms
• Changing areas
• Break rooms (in some circumstances)
• Any area designated for personal activities

Employers should post visible signage informing employees and visitors that video surveillance is in use. While Delaware law does not have a specific statute requiring signage for video-only cameras, it is considered best practice and helps establish that monitored individuals do not have a reasonable expectation of privacy in those areas.

Employee Electronic Monitoring Notice Requirements

Delaware is one of the few states with a specific statute requiring employers to notify employees about electronic monitoring. Under 19 Del. C. Section 705, no employer may monitor or intercept any telephone conversation, electronic mail, internet access, or internet usage of a Delaware employee unless the employer has:

1. Provided an electronic notice of monitoring policies at least once during each day the employee accesses employer-provided email or internet services, or
2. Given a one-time written notice to the employee about the monitoring activity or policies

The notice must be in writing, in an electronic record, or in another electronic form. The employee must acknowledge receipt of the notice either in writing or electronically.

Penalties for Employer Violations

Employers who violate 19 Del. C. Section 705 face a civil penalty of $100 for each violation. While this may seem modest, repeated violations across many employees can add up quickly.

Note that this statute specifically covers telephone transmissions, email, and internet usage monitoring. Video surveillance is governed separately under the broader privacy statutes.

Audio Surveillance in the Workplace

Recording employee conversations in the workplace without consent is prohibited under Delaware's privacy and wiretapping statutes. Employers who install cameras with audio recording capabilities must obtain consent from employees and anyone else whose conversations may be captured.

Hidden Cameras and Voyeurism Laws

Delaware takes hidden camera offenses seriously, with penalties ranging from misdemeanors to felonies depending on the circumstances.

General Hidden Camera Prohibition

Under 11 Del. C. Section 1335(a)(2), it is illegal to install any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in any private place without the consent of the person or persons entitled to privacy there. This is a Class A misdemeanor.

The term "device" is broadly defined and includes traditional cameras, smartphones, body cameras, and any other recording technology.

Voyeurism: Recording Someone Undressing

Delaware law provides enhanced penalties for voyeuristic recording. Under 11 Del. C. Section 1335(a)(6), it is a Class G felony to record someone undressing or exposing their genitals or buttocks in a place where the person has an expectation of privacy, without that person's consent.

This provision specifically targets hidden cameras in fitting rooms, bathrooms, locker rooms, hotel rooms, and similar locations.

Upskirting and Under-Clothing Recording

Under 11 Del. C. Section 1335(a)(7), it is also a Class G felony to secretly record under another person's clothing to view that person's body or undergarments. This provision addresses "upskirting" and similar invasive recording practices regardless of where they occur.

Non-Consensual Intimate Imagery (Revenge Porn)

Delaware's privacy statute also addresses the distribution of intimate images without consent. Under 11 Del. C. Section 1335(a)(9), it is illegal to reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of a person who is nude or engaged in sexual conduct if the depicted person had a reasonable expectation of privacy.

A standard violation is a Class A misdemeanor. However, aggravating factors can elevate the offense to a Class G felony. Aggravating factors include:

• Obtaining the images without consent (including through theft or unauthorized computer access)
• Distributing images for profit
• Maintaining websites or platforms for dissemination
• Distributing with intent to harass, causing significant mental anguish
• Pairing images with personally identifiable information
• The creator was 18 or older and the depicted person was under 18

Delaware also specifically addresses deep fakes and synthetic media under this section, making it illegal to create and distribute AI-generated intimate imagery of real individuals without their consent.

Nanny Cam Laws in Delaware

Parents who want to monitor caregivers in their home should understand the specific rules that apply in Delaware.

Video-Only Nanny Cams

Installing a video-only nanny cam in common areas of your home (living room, kitchen, playroom) is legal in Delaware. You are not required to disclose the presence of a video-only camera to a nanny or babysitter, as long as the camera is placed in a common area and not in a private space.

However, you may not place a nanny cam in:

• The nanny's bedroom (if they are a live-in caregiver)
• A bathroom
• Any changing area

Placing a camera in these private spaces without the caregiver's explicit consent violates 11 Del. C. Section 1335(a)(2) and could result in criminal charges.

Audio Recording on Nanny Cams

If your nanny cam records audio, you must obtain consent from the caregiver before using it. Because Delaware is treated as an all-party consent state for audio recording, capturing the caregiver's conversations without their knowledge could violate 11 Del. C. Section 1335(a)(4).

The best practice is to:

1. Inform the nanny in writing that audio and video monitoring is in use
2. Specify which rooms are monitored
3. Have the nanny sign an acknowledgment

This approach protects your legal rights while maintaining a transparent working relationship.

Practical Recommendations

Many parents choose to disclose the presence of nanny cams regardless of whether audio is recorded. Transparency builds trust, and a written acknowledgment provides legal protection for the family. If you use a live-in caregiver, make sure their private quarters are entirely free of monitoring devices.

Neighbor Disputes Over Security Cameras

Security camera disputes between neighbors are increasingly common. Delaware law provides guidance on what is and is not permissible.

Cameras Pointing at a Neighbor's Property

A homeowner may position security cameras to monitor their own property even if the camera's field of view incidentally captures portions of a neighbor's property. Under the reasonable expectation of privacy standard, areas visible from a public vantage point or from a neighbor's property generally do not carry the same privacy protections as enclosed private spaces.

However, intentionally directing a camera at a neighbor's windows, backyard, or other areas where they have a reasonable expectation of privacy could give rise to a privacy claim. Delaware courts have recognized that backyards and other enclosed outdoor spaces may qualify as private areas, particularly when the homeowner has taken steps to shield those spaces from public view (such as installing fences or hedges).

Audio Capture From Neighbor's Conversations

If your security camera records audio and captures conversations from your neighbor's property, this could violate Delaware's all-party consent requirement under 11 Del. C. Section 1335(a)(4). Even if the video capture is legal, the audio component could create criminal liability.

Disabling audio recording on cameras that face neighboring properties is the simplest way to avoid this issue.

Harassment and Intimidation

If a neighbor's camera is positioned in a way that amounts to harassment or intimidation rather than legitimate security purposes, the affected homeowner may have grounds for a civil action. Delaware courts consider factors such as:

• Whether the camera serves a legitimate security purpose
• Whether the camera is specifically aimed at private areas
• Whether the camera placement is part of a broader pattern of harassment
• Whether reasonable alternatives exist that would provide security without invading privacy

Steps to Resolve Camera Disputes

If you are involved in a camera dispute with a neighbor, consider these steps:

1. Talk to your neighbor directly about your concerns
2. Document the camera placement and what it captures
3. Review whether the camera violates any HOA rules or local ordinances
4. Consult with a Delaware attorney if direct communication does not resolve the issue
5. If the camera captures audio or is aimed at private areas, contact local law enforcement

Penalties for Violating Delaware Surveillance Laws

Delaware imposes a range of penalties depending on the type of surveillance violation. The following table summarizes the key offenses and their penalties.

Offense	Statute	Classification	Maximum Penalty
Installing a surveillance device in a private place	11 Del. C. Section 1335(a)(2)	Class A Misdemeanor	Up to 1 year in jail, $2,300 fine
Trespassing to conduct surveillance	11 Del. C. Section 1335(a)(1)	Class A Misdemeanor	Up to 1 year in jail, $2,300 fine
Intercepting private communications without all-party consent	11 Del. C. Section 1335(a)(4)	Class A Misdemeanor	Up to 1 year in jail, $2,300 fine
Recording someone undressing without consent	11 Del. C. Section 1335(a)(6)	Class G Felony	Up to 2 years in prison
Recording under clothing (upskirting)	11 Del. C. Section 1335(a)(7)	Class G Felony	Up to 2 years in prison
Wiretapping / illegal interception of communications	11 Del. C. Section 2402	Class E Felony	Up to 5 years in prison, $10,000 fine
Distributing non-consensual intimate images (with aggravating factors)	11 Del. C. Section 1335(a)(9)(c)	Class G Felony	Up to 2 years in prison
Installing a vehicle tracking device without consent	11 Del. C. Section 1335(a)(8)	Class A Misdemeanor	Up to 1 year in jail, $2,300 fine
Employer failure to notify employees of electronic monitoring	19 Del. C. Section 705	Civil Penalty	$100 per violation

Repeat offenders face enhanced penalties. Under Section 1335(a)(9)(d), a person convicted of distributing non-consensual intimate images within five years of a prior conviction for the same offense faces aggravated sentencing.

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