|CITATION||Del. Code Ann. tit. 11, § 52-570d|
In Delaware, there is some conflict with regards to whether a party to a conversation can record the communication without the other party’s consent. Delaware’s wiretapping and surveillance law specifically allows an individual to “intercept” any wire, oral or electronic communication to which the individual is a party, or a communication in which at least one of the parties has given prior consent, so long as the communication is not intercepted with a criminal or tortuous/wrongful intent. Del. Code Ann. tit. 11, § 2402(c)(4).
However, a Delaware privacy law makes it illegal to intercept “without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating privately, including private conversation.” Del. Code Ann. tit. 11, § 1335(a)(4).
The wiretapping law is much more recent, and at least one federal court has held that, even under the privacy law, an individual can record his own conversations. United States v. Vespe, 389 F. Supp. 1359 (1975).
|CONSENT REQUIRED||All parties to communication.|
|PENALTIES||Under the wiretapping law, communications intercepted illegally, or the disclosure of the contents of illegally recorded communications, can result in prosecution for a felony and a fine of up to ten thousand dollars ($10,000). Del. Code Ann. tit 11, § 2402 (b). Civil liability also can be imposed in the amount of actual damages or a fine of $100 a day for each day of violation or one thousand dollars ($1,000), whichever is more, along with punitive damages, attorney fees and litigation costs. Del. Code Ann. tit. 11, § 2409.|