Records / Laws and rulings

Delaware notice of monitoring of telephone, email and internet usage (19 Del. C. 705(b))

A Delaware employer may monitor or intercept staff email only after a daily electronic notice or a one-time acknowledged notice ($100 civil penalty per violation). Pulling a mailbox archive to build an AI-training corpus is at least monitoring-adjacent, so the acknowledged notice should exist and should describe the use.

Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text

In the source's own words
“(b) No employer, nor any agent or any representative of any employer, shall monitor or otherwise intercept any telephone conversation or transmission, electronic mail or transmission, or Internet access or usage of or by a Delaware employee unless the employer either: (1) Provides an electronic notice of such monitoring or intercepting policies or activities to the employee at least once during each day the employee accesses the employer-provided e-mail or Internet access services; or (2) Has first given a 1-time notice to the employee of such monitoring or intercepting activity or policies. The notice required by this paragraph shall be in writing, in an electronic record, or in another electronic form and acknowledged by the employee either in writing or electronically.”
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