Is Hidden Cameras in Your Home Legal in Delaware After the 2026 Regulatory Updates?

Yes, Delaware permits hidden cameras in private homes under strict conditions. State law requires one-party consent for audio recording, while video surveillance is legal if no reasonable expectation of privacy exists in monitored areas. The Delaware Department of Justice (DOJ) enforces these rules, with penalties up to $10,000 for violations. Local ordinances, such as Wilmington’s 2023 surveillance regulations, may impose additional restrictions.


Key Regulations for Hidden Cameras in Your Home in Delaware

  • One-Party Consent for Audio: Delaware Code Title 11, § 2402 mandates that only one party in a conversation must consent to audio recording. Recording conversations without any participant’s knowledge is illegal.
  • No Expectation of Privacy in Common Areas: Video surveillance is permissible in spaces like hallways or living rooms where privacy is not reasonably expected. Bathrooms, bedrooms, and changing areas are strictly off-limits.
  • Notification Requirements for Non-Home Settings: If cameras are used in shared spaces (e.g., rental properties), Delaware’s 2024 Residential Privacy Act requires landlords to disclose surveillance methods in lease agreements. Violations may trigger fines from the Delaware Division of Consumer Protection.