Recording and consent

Recording a session in Delaware.

Delaware has a one party wiretap section and a privacy offence that has been read as needing everybody, so treat Delaware as all party. That is 11 Delaware Code section 1335 and section 2402, and the sentence a practitioner says out loud before recording is the same one in every country on this site.

This is a plain summary, not legal advice. Laws change. If the answer matters to your business, check with a lawyer in your own country.

01The sentence

Say this, out loud, before anything else is said.

Say this before you start recording

I am going to record this session so I can write you a proper report afterwards. Is that all right with you?

It is the same sentence everywhere, because a specific disclosure followed by a direct question is what recording guidance favours over a vague notice, and because everybody in the session agreeing is safe in every jurisdiction on this site. What changes by place is who has to answer it.

02Who has to agree

In Delaware the rule is read both ways.

The statute 11 Delaware Code section 1335 and section 2402

Section 2402, Delaware's wiretap provision, permits interception by a party to the communication, which is a one party rule. Section 1335 is a separate privacy offence and makes it unlawful to intercept a private communication without the consent of all parties, and the two have never been reconciled in a way a practitioner can rely on. Commentators list Delaware in both columns for that reason. The conservative reading costs a sentence and the other reading costs a defence.

Ask. Delaware is short, the law is unsettled, and the number of Delaware clients any practice has is small enough that the conservative rule costs nothing worth arguing about.

03A client under 18

What changes when the person in the session is a child.

Where the client is under 18, ask the guardian and keep the answer, which resolves the ambiguity rather than betting on which section a Delaware court would apply. An agency with Delaware clients should hold parental consents centrally, because the practitioner who took the session may not be the person who has to explain it two years later.

04The data law

The recording is personal data under the Delaware Personal Data Privacy Act.

Delaware's act took effect on 1 January 2025 and has one of the lowest applicability thresholds in the country, at thirty five thousand consumers, which brings a genuinely mid sized agency inside it. It also covers non profits, which most state privacy statutes exempt, so a charity running a tutoring or mentoring programme in Delaware should read it.

05What Slide Practice does

The audio goes as soon as the report is written.

At upload the practitioner confirms on screen that everyone in the session agreed. That confirmation is stored, and the footer of the report prints the date it was given.

Session audio is deleted as soon as the write-up is made. The stays with the , on the client's own page, and both are kept until the account is closed. Closing an account starts a 30 day window, at the end of which everything is deleted rather than archived.

Nothing is drafted from a recording until the practitioner has confirmed that everyone agreed, and nothing reaches a client until a person has read it. The whole of what is kept, and for how long, is on the security page and in the privacy policy.

06Where this came from

Two primary sources, and neither of them is us.

This is a plain summary, not legal advice. Laws change. If the answer matters to your business, check with a lawyer in your own country.

Nearby

Try it on one session

Bring one recording you already have permission for, and read what comes back. No account and no card.