Privacy Law Library

Wiretapping, Electronic Surveillance and Interception of Communications; Stored Wire and Electronic Communications

DE Wiretap Act

Communications

Delaware's wiretap law makes it a felony to intercept, disclose, or use wire, oral, or electronic communications, but allows interception by a party to the communication or with one party's prior consent unless done to commit a crime or tort. A separate subchapter bars unauthorized access to stored communications and limits when public communication and remote computing providers may disclose stored contents. Note that the separate violation-of-privacy statute, 11 Del. C. § 1335(a)(4), makes intercepting private messages without the consent of all parties a misdemeanor, so Delaware's recording-consent rule is often described as unsettled.

Where

Delaware

Citation

11 Del. C. §§ 2401 to 2412 (subch. I) and §§ 2421 to 2427 (subch. II)

Status

In force

In force since

1999-07-23

Enforced by

Criminal prosecution by the State (Attorney General); private civil actions by aggrieved persons (2409, 2427)

People can sue

Yes

Penalties

Unlawful interception, disclosure, or use is a class E felony with a fine up to $10,000 (2402(b)); victims may recover actual damages of at least $100 per day or $1,000, punitive damages, and attorney fees (2409(a)). Unauthorized access to stored communications is a misdemeanor with fines up to $250,000 if for commercial gain (2421(b)); aggrieved parties may recover actual damages and profits, at least $1,000, plus fees (2427).

Applies to

• Any person who intercepts, discloses, or uses wire, oral, or electronic communications (2402)
• Providers of electronic communication service or remote computing service to the public, as to stored communications (2422-2423)