Is Dashcams Legal in Delaware After the 2026 Policy Reforms?

Yes, Delaware permits dashcams under specific conditions, aligning with state privacy and surveillance laws. Drivers may record public roadways but must avoid capturing audio without consent due to wiretapping statutes. The Delaware Department of Transportation (DelDOT) has not imposed formal dashcam restrictions, though local ordinances or employer policies may apply.


Key Regulations for Dashcams in Delaware

  • Wiretapping Compliance: Delaware is a “two-party consent” state (11 Del. C. § 2402). Recording audio without the knowledge or consent of all parties in a conversation violates state law, even in vehicles.
  • Public vs. Private Spaces: Dashcams may record public roadways and traffic incidents but should avoid capturing audio or video in private areas (e.g., driveways, garages) without permission.
  • Employer Policies: Commercial fleet operators must comply with Delaware’s workplace surveillance laws (19 Del. C. § 708), which require clear notice to employees if dashcams are used for monitoring.

DelDOT’s 2024 Traffic Safety Report highlights dashcams as tools for accident reconstruction but does not endorse their use for surveillance. Violations of wiretapping laws carry penalties up to $2,300 per offense. Drivers should disable audio recording in shared vehicles or obtain written consent from occupants to avoid legal exposure.