Delaware Surveillance Camera Laws (2026 Guide)

Delaware permits video surveillance cameras on your own property but bars them from private spaces such as bathrooms and bedrooms under 11 Del. C. Section 1335. Audio recording leans toward all-party consent under the same privacy statute, meaning everyone in a private conversation must agree before recording begins.

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.

The definition that decides most placement questions comes from a separate section. Under 11 Del. C. Section 1337(a), a "private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but it does not include a place to which the public or a substantial group of persons 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.

A second paragraph applies even more directly to an outward-facing camera. Under 11 Del. C. Section 1335(a)(3), it is an offense to install or use, outside a private place, any device for hearing, recording, amplifying, or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the persons entitled to privacy there. A doorbell camera or an exterior camera with a sensitive microphone can fall under this paragraph if it picks up sound from inside a home or an enclosed yard that a passerby standing outside could not otherwise hear. A violation is a class A misdemeanor under Section 1335(c).

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 the Conflict Plays Out in Practice

Because of this conflict between the two statutes, Delaware is generally treated as an all-party consent state in practice. That treatment rests on the text of Section 1335 and on caution, not on a Delaware court decision applying the stricter standard.

The one reported decision to address the question read the statute the other way. In United States v. Vespe, 389 F. Supp. 1359 (D. Del. 1975), a federal district court rejected the argument that Section 1335(a)(4) barred the recording of telephone conversations by a party to those conversations, reasoning that the paragraph was drafted to track federal law, which does not prohibit recording made with one party's consent. The court added that even if Delaware law had been violated, that would not have kept the recordings out of a federal criminal trial. Vespe is a 1975 federal trial court ruling rather than a decision of Delaware's own courts, and the Reporters Committee for Freedom of the Press still describes the state's law as conflicting and advises following the stricter rule.

The practical advice is unchanged. Section 1335 remains on the books, a violation is a criminal offense, and no Delaware state court decision has resolved the conflict, so you should obtain consent from all parties before recording a private conversation in Delaware, whether in person or over the phone.

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 another person who is getting dressed or undressed, or who has that person's genitals, buttocks or breasts exposed, without consent, in any place where persons normally disrobe and where there is a reasonable expectation of privacy.

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

The paragraph carries a narrow family exception. It does not apply to acts done by a parent or guardian inside that person's own dwelling, or on that person's own real property, where the subject is their own child under 18 whose primary residence is there, unless the acts are intended to produce sexual gratification, in which case the exception drops away. The exception covers a parent's own minor child only. It does not reach recording of an adult caregiver, a houseguest, or a tenant.

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. Whether an enclosed outdoor space counts turns on the statutory definition in 11 Del. C. Section 1337(a), which asks whether a person may reasonably expect to be safe there from casual or hostile intrusion or surveillance. A yard that the owner has fenced or screened from public view fits that description far better than an open front lawn. No published Delaware decision applies that definition to a neighbor's security camera, so the analysis is fact-specific rather than settled.

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). It can also run into Section 1335(a)(3), which reaches a device used outside a private place to hear, record, amplify, or broadcast sounds originating inside that place which would not ordinarily be audible outside it. A camera microphone that picks up talk from inside a neighbor's home or fenced yard is the situation that paragraph describes. 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.

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.

Related Delaware Camera and Privacy Laws

• Delaware Recording Laws covers the consent rule that governs camera audio in Delaware.
• Delaware Security Camera Recording Rules explains the recording-law side of camera use.
• Delaware Biometric Privacy Laws addresses facial recognition and biometric data.
• Delaware Ring Doorbell Laws covers video doorbell rules in Delaware.

Common Camera Questions

These national guides answer the most common surveillance camera questions:

• HOA Security Camera Rules
• Neighbor Security Camera Laws
• Nanny Cam Laws
• Workplace Surveillance Camera Laws
• Landlord Security Camera Laws

More Delaware Laws

• Delaware Sexting Laws
• Delaware Whistleblower Laws

Frequently Asked Questions

Can I install a security camera outside my home in Delaware?

Yes. Delaware law permits homeowners to install outdoor security cameras on their own property. You can monitor your yard, driveway, porch, and other exterior areas. However, you should not aim cameras directly at areas where neighbors have a reasonable expectation of privacy, such as their bedroom windows or enclosed backyards. If your camera records audio, you should either disable that feature for outdoor use or post signage notifying visitors that recording is in progress.

Is Delaware a one-party or all-party consent state for audio recording?

Delaware has conflicting statutes on this issue. The wiretapping law (11 Del. C. Section 2402) allows one-party consent, but the privacy law (11 Del. C. Section 1335) requires all-party consent for intercepting private communications. Because of this conflict, Delaware is generally treated as an all-party consent state in practice. You should obtain permission from everyone involved before recording any private conversation.

Are nanny cams legal in Delaware?

Video-only nanny cams placed in common areas of your home (living room, kitchen, playroom) are legal in Delaware. You may not place cameras in bathrooms, the caregiver's bedroom, or other private spaces. If your nanny cam records audio, you must inform the caregiver and obtain their consent before using it, because Delaware requires all-party consent for audio recording of private conversations.

What are the penalties for illegal hidden camera use in Delaware?

Penalties depend on the nature of the offense. Installing a hidden camera in a private place without consent is a Class A misdemeanor punishable by up to 1 year in jail and a $2,300 fine. Recording someone undressing or capturing images under their clothing is a Class G felony carrying up to 2 years in prison. Wiretapping violations are Class E felonies with up to 5 years in prison and fines up to $10,000.

Can my employer record me at work in Delaware without telling me?

Employers may use video surveillance cameras in non-private workplace areas (lobbies, sales floors, warehouses) for security purposes. However, cameras cannot be placed in restrooms, locker rooms, or changing areas. For electronic monitoring of phone calls, email, and internet usage, employers must provide written notice under 19 Del. C. Section 705 before monitoring begins. Audio recording of workplace conversations requires all-party consent.