Washington State Recording Law: All-Party Consent for Audio

Strict Two-Party (All-Party) Consent

Washington is an "all-party consent" state (RCW 9.73.030). It is illegal to record private conversations—including phone calls, in-person talks, video with audio—without the consent of every participant.

Key Points

• Private Conversation: Any talk where parties have reasonable expectation of privacy (not public speeches, open meetings).
• Consent: Must be explicit (verbal/written) or clearly implied (continuing after announcement "This call is recorded").
• Video + Audio: Video recording in private settings captures audio → same rule applies.
• Penalties: Gross misdemeanor (up to 364 days jail, $5,000 fine) + civil liability (actual damages + $100/day or $1,000, whichever greater).
• Evidence Exclusion: Illegally recorded audio generally inadmissible in court.

Exceptions

• Law enforcement with warrant.
• Emergency communications (911).
• Public meetings (no expectation of privacy).
• One-party consent for non-private conversations (e.g., loud argument in park).

Best Practice

Announce recording at start: "I'm recording this conversation; do you consent?" Get verbal "yes" on tape. For business, include in written agreements.