Notice of Monitoring of Telephone Transmissions, Electronic Mail and Internet Usage

DE Employee Monitoring Notice

Employees · Communications

Delaware employers may not monitor or intercept employees' phone calls, email, or Internet use unless they give notice, either a daily electronic notice when the employee logs on or a one-time written or electronic notice the employee acknowledges. Automated volume-management and system-maintenance processes not aimed at a particular person are exempt.

Where: Delaware
Citation: 19 Del. C. § 705
Status: In force
In force since: 2001-08-09
Enforced by: Civil penalty claims may be filed in any court of competent jurisdiction (705(c))
People can sue: Limited
Penalties: Civil penalty of $100 per violation (705(c)); the section is not an exclusive remedy (705(d)).
Applies to: Employers with a place of business in Delaware, including the State and its agencies and political subdivisions, that monitor or intercept Delaware employees' telephone, email, or Internet use (705(a)-(b))

What a privacy notice must say

Before monitoring or intercepting an employee's telephone, email, or Internet use, give either an electronic notice each day the employee uses employer email or Internet, or a one-time written or electronic notice that the employee acknowledges in writing or electronically.19 Del. C. § 705(b)

Other duties

Exempt: untargeted processes that manage email, voicemail, or Internet volume solely for system maintenance or protection, and law-enforcement interceptions under a court order issued under 11 Del. C. ch. 24.19 Del. C. § 705(b), (e)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: 73 Del. Laws c. 403 (approved July 9, 2002) amended § 705; its effective date was not confirmed, so last_amended is null.

Research reference, not legal advice.