Washington Recording Laws: Consent Rules and Penalties
Quick Answer
Washington is a two-party consent state. Under RCW 9.73.030, it is unlawful to intercept or record any private communication or conversation without consent from all parties involved. You can satisfy this requirement by announcing in a reasonably effective manner that recording is taking place. Violating this law is a gross misdemeanor, and victims can pursue civil damages including up to $1,000 in liquidated damages plus actual damages and attorney fees.
Washington Recording Law Summary
| Key Point | Answer |
|---|---|
| Consent Type | All-Party (Two-Party) Consent |
| Can you record your own calls? | Only with consent from all parties |
| Must you inform others? | Yes, announcement required |
| Key Statute | RCW 9.73.030 |
| Criminal Penalty | Gross Misdemeanor (up to 364 days jail, $5,000 fine) |
| Civil Damages | $100/day (max $1,000) + actual damages + attorney fees |
| Illegally Obtained Recordings | Inadmissible under RCW 9.73.050 |
| Last Amended | 2021 (c 329 s 21) |
Understanding Washington's All-Party Consent Law
What the Statute Prohibits
Under RCW 9.73.030, it is unlawful for any individual, partnership, corporation, association, or the state of Washington (including its agencies and political subdivisions) to:
- Intercept or record any private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals
- Intercept or record any private conversation by any device, electronic or otherwise, designed to record or transmit that conversation
Both actions require consent from all participants before recording begins.
How to Satisfy the Consent Requirement
Washington law provides a straightforward way to establish consent. Under the statute, consent is considered obtained when one party announces to all other parties in any reasonably effective manner that the communication or conversation is about to be recorded or transmitted.
Key requirements for a valid announcement:
- The announcement must be made before recording begins
- The announcement itself must be recorded
- The method must be reasonably effective at notifying all parties
- Continuing the conversation after the announcement implies consent
This approach is more flexible than some other two-party consent states, which require explicit verbal agreement from each participant.
What Counts as a "Private" Communication?
Washington's recording law only applies to private communications and conversations. The Washington Supreme Court addressed what "private" means in State v. Townsend (2002), adopting a multi-factor test. Courts consider:
- The subjective intention of the parties regarding privacy
- The duration and subject matter of the communication
- The location where the conversation takes place
- The presence of potential third parties
- The relationship between the consenting and nonconsenting parties
Conversations in public places where there is no reasonable expectation of privacy are generally not covered by the statute.
Implied Consent Situations
Washington courts have recognized that consent can be implied in certain situations. A person is deemed to have consented to recording when they convey a message knowing it will be recorded. Examples include:
- Voicemail messages: Leaving a voicemail implies consent because the sole function of voicemail is to record messages
- Answering machine messages: In In re Marriage of Farr (1997), the court held that a speaker consented by leaving a message on an answering machine because "an answering machine's only function is to record messages"
- Email and electronic messages: Sending electronic messages through systems known to record them implies consent
Recording Phone Calls in Washington
Can You Record Phone Calls in Washington?
Yes, but you must announce and obtain consent from all parties on the call. Here is how to do it properly:
- Announce at the start of the call that you are recording
- Make sure the announcement itself is recorded
- Use a method that is "reasonably effective" at notifying everyone
- Allow the other parties to leave the call if they do not consent
Continuing the conversation after a clear announcement generally satisfies the consent requirement.
Recording Calls Across State Lines
When a call involves parties in Washington and another state, the rules become more complicated. The safest approach is to follow the stricter law. Consider these scenarios:
- Washington to Oregon: Oregon requires one-party consent for phone calls but all-party consent for in-person conversations. Follow Washington's all-party rule.
- Washington to Idaho: Idaho is a one-party consent state. Washington's stricter rule still applies to the Washington participant.
- Washington to California: Both states require all-party consent. Announce and get consent from everyone.
When in doubt, always announce and get consent from all parties.
Business Call Recording in Washington
Businesses that record customer calls must comply with RCW 9.73.030. Standard practices include:
- Playing an automated message such as "This call may be recorded for quality assurance purposes" before connecting
- Ensuring the announcement plays before any recording begins
- Recording the announcement itself as part of the call
- Documenting consent procedures in company policies
- Giving callers the option to proceed without recording if possible
Recording In-Person Conversations
When Is Recording Legal?
Recording in-person conversations in Washington is legal in these situations:
- All parties consent or are notified and continue the conversation
- The conversation takes place in a public setting where there is no reasonable expectation of privacy
- A specific statutory exception applies (emergencies, threats, etc.)
When Is Recording Illegal?
Recording is illegal under Washington law when:
- You record a private conversation without consent from all participants
- You secretly record private communications using hidden devices
- You intercept communications that you are not a party to, even with one participant's consent
Statutory Exceptions to All-Party Consent
Washington law allows one-party consent recording in these specific situations under RCW 9.73.030:
- Emergency communications: Reporting a fire, medical emergency, crime, or disaster
- Threats: Conversations conveying threats of extortion, blackmail, or bodily harm
- Unlawful demands or requests: Communications containing unlawful requests
- Harassing communications: Anonymous, repeated, or extremely inconvenient-hour communications
- Hostage situations: Communications by a hostage holder or barricaded person
These exceptions allow recording with just one party's consent rather than requiring all parties to agree.
Washington Video Recording Laws
Video Surveillance Rules
Washington's recording law under RCW 9.73 focuses primarily on audio recording. The rules for video depend on whether audio is captured:
- Silent video recording in public is generally permitted
- Video with audio of private conversations requires all-party consent under RCW 9.73.030
- Hidden cameras in private places where people have a reasonable expectation of privacy are prohibited under separate voyeurism laws
Voyeurism Laws
Washington has specific voyeurism statutes under RCW 9A.44.115 that prohibit recording in private settings:
Voyeurism in the First Degree (Class C Felony): Knowingly viewing, photographing, or filming another person without their knowledge and consent while the person is in a place where they have a reasonable expectation of privacy, for the purpose of arousing or gratifying sexual desire.
Voyeurism in the Second Degree (Gross Misdemeanor): Intentionally photographing or filming intimate areas of another person without their knowledge and consent, with intent to distribute or disseminate the images.
Recording in the Workplace
Can You Record at Work in Washington?
Washington's all-party consent rule applies fully in the workplace. This means:
- You cannot secretly record private conversations with coworkers, supervisors, or clients
- Recording meetings requires an announcement and consent from all participants
- Company policies may impose additional restrictions beyond what the law requires
- Even if you are experiencing harassment, secret recording remains illegal under Washington law
Some employees mistakenly believe they can record harassment or discrimination as evidence. While the intent may be understandable, secret recordings violate RCW 9.73.030 and could result in criminal charges.
Employer Monitoring
Employers in Washington may monitor workplace communications with proper notice:
- Employees must be informed in writing about monitoring practices
- Monitoring policies should be clearly communicated during onboarding
- The business extension exception may apply to employer-owned phone systems in some cases
- Email and computer monitoring policies should be documented in employee handbooks
Recording Police in Washington
Your Right to Record Law Enforcement
Yes, you can record police officers in Washington. The First Amendment protects the right to record law enforcement officers performing their public duties. Key points:
- Police performing duties in public settings have reduced expectations of privacy
- Open, visible recording is recommended over concealed recording
- Do not interfere with police activities while recording
- Washington courts have generally supported the right to record police
- Officers cannot demand you stop recording or seize your device without a warrant
Law Enforcement Recording Exceptions
Washington law provides specific recording exceptions for law enforcement under RCW 9.73.090:
- Incoming emergency calls to police and fire stations may be recorded
- Arrested persons may be recorded by officers responsible for making arrests or holding persons in custody
- Dashboard and body camera audio may be recorded by uniformed officers when the video system is activated for an event
- Officers cannot intentionally turn off audio recording during an active event
Custodial Interrogation Recording
Under the Uniform Electronic Recordation of Custodial Interrogations Act (RCW 10.122), Washington requires electronic recording of custodial interrogations involving juveniles or felony crimes. Officers must inform the individual that recording is taking place but do not need the individual's consent to record the interrogation.
Recording Public Meetings
Washington's Open Public Meetings Act (RCW 42.30) supports transparency. Under RCW 42.30.220, public agencies are encouraged to make audio or video recordings of all regular meetings and make those recordings available online for a minimum of six months. Members of the public may also record these open meetings.
Media and Journalist Exception
News Gathering Exception
Washington provides a unique exception for journalists under RCW 9.73.030. Employees of regularly published newspapers, magazines, wire services, radio stations, or television stations may record without making an announcement if:
- They are acting in a bona fide news gathering capacity
- They may be full-time, part-time, or contract employees
- The recording device is "readily apparent or obvious" to the speakers
This means a journalist holding a visible microphone or camera can record without separately announcing that recording is occurring, as long as the equipment is plainly visible.
Building Owner Exception
Under RCW 9.73.110, building owners (or persons entitled to use and possession of a building) may intercept, record, or disclose communications that occur within the building without consent from all parties, but only when those persons are engaged in a criminal act at the time. Specifically, this exception applies when individuals are unlawfully entering or remaining in the building.
This is a narrow exception. It does not allow building owners to record all conversations on their property. The people being recorded must be committing a crime related to their presence in the building.
Corrections Facility Exception
Under RCW 9.73.095, the Department of Corrections may intercept and record:
- Telephone calls made by offenders or residents of state correctional facilities
- Non-telephonic conversations in living units, cells, rooms, dormitories, and common spaces
Important protections remain in place:
- Attorney-client communications are exempt and cannot be recorded
- Religious confessions to clergy are also protected
- All offenders, residents, and personnel must receive written notice that conversations may be monitored
- Recordings must be destroyed after one year unless being used in an active investigation or prosecution
Penalties for Illegal Recording in Washington
Criminal Penalties
Under RCW 9.73.080, violating Washington's recording law is a gross misdemeanor. This applies to:
| Offense | Classification | Maximum Jail | Maximum Fine |
|---|---|---|---|
| Recording without consent | Gross Misdemeanor | 364 days | $5,000 |
| Wrongful disclosure of recordings | Gross Misdemeanor | 364 days | $5,000 |
Under RCW 9.92.020, a gross misdemeanor carries a maximum sentence of 364 days in county jail and/or a fine of up to $5,000. The 364-day maximum (rather than a full year) was established by the Washington legislature in 2011.
Civil Liability
Under RCW 9.73.060, any person injured by an illegal recording may file a civil lawsuit and recover:
- Actual damages, including compensation for mental pain and suffering
- Liquidated damages of $100 per day of violation, up to a maximum of $1,000
- Reasonable attorney fees and costs of litigation
The injured party can choose between actual damages and liquidated damages, whichever is more favorable.
Inadmissibility of Illegal Recordings
Under RCW 9.73.050, any information obtained in violation of Washington's recording law is inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in Washington. There are only two narrow exceptions:
- The person whose rights were violated gives permission to use the recording in a damages action
- A criminal case involving a crime that would jeopardize national security
This exclusionary rule means that even if an illegally obtained recording contains relevant evidence, courts will not allow it.
Key Washington Recording Law Statutes
Here is a quick reference of the main statutes that govern recording in Washington:
| Statute | Subject |
|---|---|
| RCW 9.73.030 | Consent requirements and exceptions |
| RCW 9.73.050 | Inadmissibility of illegal recordings |
| RCW 9.73.060 | Civil damages for privacy violations |
| RCW 9.73.080 | Criminal penalties |
| RCW 9.73.090 | Law enforcement exceptions |
| RCW 9.73.095 | Corrections facility recording |
| RCW 9.73.110 | Building owner exception |
| RCW 9A.44.115 | Voyeurism |
| RCW 10.122 | Custodial interrogation recording |
| RCW 42.30 | Open Public Meetings Act |
More Washington Laws
Sources and References
- RCW 9.73.030 - Consent Requirements(app.leg.wa.gov).gov
- RCW 9.73.050 - Admissibility of Intercepted Communications(app.leg.wa.gov).gov
- RCW 9.73.060 - Civil Damages for Privacy Violations(app.leg.wa.gov).gov
- RCW 9.73.080 - Criminal Penalties(app.leg.wa.gov).gov
- RCW 9.73.090 - Law Enforcement Exceptions(app.leg.wa.gov).gov
- RCW 9.73.095 - Corrections Facility Recording(app.leg.wa.gov).gov
- RCW 9.73.110 - Building Owner Exception(app.leg.wa.gov).gov
- RCW 9A.44.115 - Voyeurism(app.leg.wa.gov).gov
- RCW 9.92.020 - Gross Misdemeanor Penalties(app.leg.wa.gov).gov
- RCW 10.122 - Custodial Interrogation Recording(app.leg.wa.gov).gov
- RCW 42.30 - Open Public Meetings Act(app.leg.wa.gov).gov
- RCW 42.30.220 - Recording of Public Meetings(app.leg.wa.gov).gov