Washington Security Camera Laws: Rules for Home and Business Surveillance (2026)
Security cameras are increasingly common in Washington homes and businesses, but their use is governed by a layered set of state and local laws. The core rule comes from Washington's Privacy Act: silent video surveillance is broadly permitted, but the moment a security camera records audio of a private conversation, the two-party consent requirement under RCW 9.73.030 applies. Additional rules govern camera placement, voyeurism, biometric data collection, and landlord-tenant relationships.
This guide covers the legal framework for security camera use in Washington for both residential and commercial settings.
The Audio-Video Distinction for Security Cameras
Why Audio Changes Everything
Washington's Privacy Act under RCW 9.73.030 targets the recording of private communications and conversations, not visual observation. This creates a critical distinction for security camera systems:
- Silent video cameras: Not covered by RCW 9.73.030. You can operate silent video cameras without obtaining consent from the people being recorded.
- Cameras with audio recording: The all-party consent requirement applies. If your security camera records audio of a private conversation, you must obtain consent from all parties or face criminal and civil liability.
Common Devices Affected
Many modern security devices include audio recording by default:
| Device | Audio by Default? | Consent Required? |
|---|---|---|
| Basic CCTV camera (no mic) | No | No (for video) |
| Ring/Nest doorbell camera | Yes | Yes (for audio) |
| Wi-Fi security cameras with mic | Yes | Yes (for audio) |
| Baby monitors with audio | Yes | Context-dependent |
| Smart home speakers with camera | Yes | Yes (for audio) |
| Trail/wildlife cameras | Usually no | No (if silent) |
If you use a security camera with audio capabilities, either disable the audio recording feature or provide adequate notice and obtain consent.
Home Security Camera Laws
Your Property, Your Cameras
Washington homeowners have broad rights to install security cameras on their own property. You may place cameras:
- On the exterior of your home (doors, garage, driveway, yard)
- Inside your home in common areas
- On fences, poles, or structures you own
- Aimed at your own property boundaries
Restrictions on Home Security Cameras
Even on your own property, certain restrictions apply:
Audio recording: If your cameras record audio, you must comply with RCW 9.73.030. The safest approach is to post visible signage such as "Audio and video surveillance in use" and disable audio recording for cameras that monitor areas where visitors have private conversations.
Neighbor privacy: You cannot aim security cameras at areas where your neighbors have a reasonable expectation of privacy. Pointing a camera directly into a neighbor's bedroom window, bathroom, or enclosed yard could constitute an invasion of privacy or voyeurism under RCW 9A.44.115.
HOA and local rules: Some homeowner associations and local ordinances impose additional restrictions on camera placement, size, or visibility. Check your HOA covenants and local codes before installing cameras.
Smart Doorbell Cameras
Smart doorbell cameras like Ring, Nest Hello, and similar devices are extremely popular but present unique legal issues in Washington:
- Two-way audio: Most smart doorbells have a two-way audio feature that records conversations with visitors. This triggers RCW 9.73.030.
- Continuous audio recording: Some devices continuously record ambient audio, which may capture private conversations on your porch or at your door.
- Notification features: Some doorbells display a message like "Audio and video recording in progress" on the device screen. This may help establish implied consent from visitors who see the notice and continue the conversation.
- Best practice: Post a visible sign near your doorbell indicating that audio and video recording is in use. Consider disabling continuous audio recording and using audio only during active doorbell interactions.
Business Security Camera Laws
General Requirements
Washington businesses may install security cameras to protect their premises, inventory, and employees. The following guidelines apply:
Common areas: Silent video surveillance in lobbies, hallways, sales floors, parking lots, and other common areas is generally permissible. Posting signage notifying customers and employees that surveillance is in use is a best practice.
Audio recording: Any business security camera that records audio of conversations must comply with RCW 9.73.030. Businesses should either disable audio recording on their security cameras or provide conspicuous notice and obtain consent.
Prohibited locations: Cameras may not be placed in locations where people have a reasonable expectation of privacy:
- Restrooms and bathrooms
- Locker rooms and changing areas
- Fitting rooms in retail stores
- Private offices (if used for confidential conversations)
- Break rooms that function as private spaces
- Nursing/lactation rooms
Placing cameras in these areas may constitute voyeurism under RCW 9A.44.115, a Class C felony.
Employee Notification
Employers who use security cameras in the workplace should:
- Inform employees in writing about camera locations and monitoring practices
- Include surveillance policies in the employee handbook
- Have employees acknowledge the surveillance policy in writing
- Identify camera locations that are visible to employees
- Explain the purpose of the surveillance (theft prevention, safety, etc.)
Retail and Customer-Facing Businesses
Retail stores, restaurants, and other customer-facing businesses should:
- Post visible signage at entrances and in monitored areas notifying customers that video surveillance is in use
- Avoid audio recording in areas where customers have private conversations, unless all-party consent is obtained
- Secure stored footage to prevent unauthorized access to customer images
- Establish retention policies for how long surveillance footage is kept
- Train staff on proper camera operation and privacy compliance
The 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 within the building without consent, but only when the persons being recorded are engaged in a criminal act at the time, such as unlawful entry or trespassing.
How This Exception Works
This narrow exception allows building owners to use security cameras with audio capability to record persons committing crimes on the premises without first obtaining consent. Common applications include:
- Recording a burglary in progress
- Capturing audio of trespassers
- Documenting criminal damage to property
Limits of the Exception
The building owner exception does not authorize:
- Recording all conversations on the property
- Audio recording of employees' private conversations
- Recording customers' private discussions
- General surveillance of lawful activities on the premises
The persons being recorded must be committing a criminal act related to their presence in the building at the time of the recording.
Facial Recognition and Biometric Privacy
RCW 19.375: Biometric Identifiers
Washington's biometric privacy law, RCW 19.375, imposes requirements on security systems that use facial recognition or other biometric identification technology.
Under this statute:
- Commercial entities may not enroll a person's biometric identifier in a database for a commercial purpose without first providing notice and obtaining consent
- "Biometric identifier" includes facial geometry data generated by facial recognition systems, iris scans, and fingerprints
- The law applies when video footage is processed by facial recognition algorithms to identify individuals
Impact on Security Systems
Businesses that use security cameras equipped with facial recognition must:
- Provide conspicuous notice before capturing biometric data
- Obtain affirmative consent before enrolling facial data in a database
- Limit data use to the stated commercial purpose
- Protect stored biometric data with reasonable security measures
The Washington Attorney General has exclusive enforcement authority, and individuals can also pursue private actions for violations.
Residential Facial Recognition
Homeowners using security cameras with facial recognition features (such as those built into some Ring and Nest cameras) should be aware that these features may trigger RCW 19.375 if the data is shared with or processed by commercial entities.
Footage Storage and Data Security
Retention Periods
Washington does not mandate a specific retention period for security camera footage in most contexts. However, best practices include:
- Home cameras: Retain footage for 30 to 90 days, depending on storage capacity
- Business cameras: Retain footage for 30 to 90 days, or longer if required by industry regulations
- Incident-related footage: Preserve any footage related to a crime, accident, or legal dispute until the matter is resolved
Data Security Requirements
While Washington does not have a specific law governing security camera footage storage, the state's data breach notification law (RCW 19.255.010) may apply if security footage containing personal information is compromised. Businesses should:
- Encrypt stored footage to prevent unauthorized access
- Limit access to authorized personnel only
- Use secure cloud storage with strong authentication
- Delete footage when the retention period expires
Security Cameras and Public Records
Government Security Cameras
Security camera footage maintained by Washington government agencies is subject to the Public Records Act (RCW 42.56). Members of the public may request access to government surveillance footage, subject to exemptions for:
- Personal privacy
- Ongoing law enforcement investigations
- Security system vulnerabilities
Private Security Camera Footage
Private security camera footage is not subject to the Public Records Act. However, law enforcement may request or subpoena private footage as part of a criminal investigation, and courts may order its production in civil litigation.
Local Ordinances
Several Washington cities have enacted local rules affecting security cameras:
- Seattle: The city has passed ordinances regulating government use of surveillance technology, including security cameras. The Seattle Surveillance Ordinance requires city departments to obtain city council approval before acquiring or using surveillance equipment.
- Tacoma: Similar municipal oversight measures apply to government surveillance.
- Local HOA rules: Many communities have HOA covenants that regulate the placement and appearance of exterior cameras.
Check local ordinances and HOA rules before installing security cameras.
More Washington Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
Sources and References
- RCW 9.73.030 - Intercepting, Recording, or Divulging Private Communications(app.leg.wa.gov).gov
- RCW 9A.44.115 - Voyeurism(app.leg.wa.gov).gov
- RCW 9.73.110 - Building Owner Exception(app.leg.wa.gov).gov
- RCW 19.375 - Biometric Identifiers(app.leg.wa.gov).gov
- RCW 9.73.080 - Criminal Penalties(app.leg.wa.gov).gov
- RCW 42.56 - Public Records Act(app.leg.wa.gov).gov
- RCW 19.255.010 - Data Breach Notification(app.leg.wa.gov).gov