Washington Video Recording Laws: Filming, Surveillance, and Consent Rules (2026)

Washington's video recording laws operate under a framework that distinguishes between silent video and video that captures audio. While RCW 9.73.030 primarily targets the interception and recording of private communications, the moment a video recording captures audio of a private conversation, the full two-party consent requirement applies. Separate statutes address voyeurism, hidden cameras, and biometric data collection through video systems.

Understanding these overlapping rules is essential for anyone who uses video cameras, security systems, body cameras, or recording-capable devices in Washington.

The Audio-Video Distinction

Why It Matters

Washington's Privacy Act under Chapter 9.73 RCW focuses on the recording of private communications and conversations. Video recording, by itself, does not necessarily involve a "communication" under the statute. This creates an important distinction:

• Silent video (no audio): Generally not covered by RCW 9.73.030. You can film in public spaces without triggering the Privacy Act, as long as no audio of private conversations is captured.
• Video with audio: The moment audio recording captures a private conversation, the all-party consent requirement under RCW 9.73.030 applies in full.

This distinction means that a security camera recording silent video in a retail store does not require consent under the Privacy Act. However, if that same camera records audio of customers' private conversations, it violates the statute unless consent is obtained.

Practical Application

Scenario	Audio Captured?	Consent Required Under RCW 9.73.030?
Silent security camera in a store	No	No
Security camera with audio in a store	Yes	Yes
Filming a public event with a phone	Ambient sounds only	Generally no
Recording a private conversation on video	Yes	Yes
Body camera with audio activated	Yes	Yes (unless law enforcement exception applies)

Video Recording in Public Spaces

General Rules

Recording video in public spaces in Washington is generally permitted. The First Amendment protects the right to photograph and film in areas where there is no reasonable expectation of privacy. This includes:

• Public streets, sidewalks, and parks
• Government buildings open to the public
• Retail stores and businesses open to the public (with the property owner's permission)
• Public events, protests, and demonstrations
• Public meetings under the Open Public Meetings Act (RCW 42.30)

Limits on Public Recording

While public video recording is broadly permitted, several restrictions apply:

• Audio capture: If your video records a private conversation between identifiable individuals, the all-party consent requirement may apply even in a public setting, depending on whether the participants had a reasonable expectation of privacy.
• Private property: Property owners can prohibit recording on their premises. You may be asked to stop recording and leave.
• Interference with others: Recording cannot constitute harassment, stalking, or interference with law enforcement duties.
• Restricted areas: Some public buildings have areas where recording is prohibited for security reasons.

Video Surveillance Laws

Home Video Surveillance

Washington residents may install video surveillance cameras on their own property. Key rules:

• Your own property: You may record video on property you own or control without restriction, as long as cameras do not point into areas where others have a reasonable expectation of privacy (such as a neighbor's bathroom window).
• Audio recording: If your home security camera records audio of conversations with visitors, delivery workers, or neighbors, the all-party consent requirement under RCW 9.73.030 applies. Smart doorbells with audio capability trigger this requirement.
• Notice: Posting a sign such as "This property is under video surveillance" is a best practice that may help establish implied consent in some situations, though it may not fully satisfy the statutory requirement for audio recording.

Business Video Surveillance

Businesses in Washington may use video surveillance to protect their premises, inventory, and employees. Requirements include:

• Common areas: Silent video surveillance in common areas such as lobbies, hallways, and sales floors is generally permissible.
• Audio recording: Any audio capture requires compliance with RCW 9.73.030.
• Employee areas: Video surveillance in employee break rooms, locker rooms, or restrooms is prohibited. These are areas where employees have a reasonable expectation of privacy.
• Notice to employees: Employers should notify employees about video surveillance in the workplace. While not specifically required by the Privacy Act for silent video, providing notice is a best practice that reduces legal risk.
• Customer notice: Posting visible signage about video surveillance is recommended.

The Building Owner Exception

Under RCW 9.73.110, building owners may intercept, record, or disclose communications that occur within their building without consent, but only when the persons being recorded are engaged in a criminal act at the time, such as unlawful entry. This exception is narrow and does not authorize recording all conversations on the property.

Washington Voyeurism Laws

Voyeurism in the First Degree

Under RCW 9A.44.115, voyeurism in the first degree occurs when a person knowingly views, photographs, or films another person without that person's knowledge and consent while the person being recorded is:

• In a place where they have a reasonable expectation of privacy
• The viewing, photographing, or filming is done for the purpose of arousing or gratifying the sexual desire of any person

Voyeurism in the first degree is a Class C felony in Washington, punishable by:

Element	Penalty
Maximum prison sentence	5 years
Maximum fine	$10,000
Sex offender registration	Required

Voyeurism in the Second Degree

Voyeurism in the second degree under RCW 9A.44.115 involves intentionally photographing or filming the intimate areas of another person without their knowledge and consent, with intent to distribute or disseminate the images. This offense is a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine.

What Constitutes a "Reasonable Expectation of Privacy"

Courts evaluate whether a person has a reasonable expectation of privacy based on the circumstances. Locations where people generally have such an expectation include:

• Private residences (bedrooms, bathrooms, living spaces)
• Hotel rooms
• Restrooms and public bathrooms
• Changing rooms and fitting rooms
• Locker rooms
• Medical examination rooms
• Any enclosed space where a person would reasonably expect to be free from observation

Public spaces such as streets, parks, and stores open to the public generally do not create a reasonable expectation of privacy for visible activities.

Hidden Camera Laws

The Prohibition on Hidden Cameras

Washington law prohibits placing hidden cameras in locations where people have a reasonable expectation of privacy. This prohibition arises from both the voyeurism statute (RCW 9A.44.115) and the Privacy Act (RCW 9.73.030).

Specifically prohibited activities include:

• Installing hidden cameras in bathrooms, restrooms, or showers
• Placing cameras in bedrooms or hotel rooms without the occupant's knowledge
• Hiding cameras in changing rooms or fitting rooms
• Using cameras to film under clothing (upskirt or downblouse recording)
• Installing cameras that record private spaces of neighbors or tenants

Penalties for Hidden Camera Violations

The penalties depend on the specific offense:

• Voyeurism in the first degree: Class C felony, up to 5 years prison, $10,000 fine, sex offender registration
• Voyeurism in the second degree: Gross misdemeanor, up to 364 days jail, $5,000 fine
• Privacy Act violation (recording audio without consent): Gross misdemeanor, up to 364 days jail, $5,000 fine
• Civil liability: Victims may recover actual damages or liquidated damages under RCW 9.73.060, plus attorney fees

Facial Recognition and Biometric Privacy

RCW 19.375: Washington's Biometric Privacy Law

Washington's biometric privacy law, RCW 19.375, imposes additional requirements when video systems 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 retina or iris scans, fingerprints, voiceprints, and facial geometry data generated by facial recognition technology.
• The statute does not apply to photographs or video recordings themselves, but it does apply when those images are processed to extract biometric identifiers.

Enforcement

The Washington Attorney General has exclusive enforcement authority over RCW 19.375. Affected individuals can also pursue private actions. Violations can result in injunctive relief and damages.

Practical Implications for Video Surveillance

Businesses that use video surveillance systems equipped with facial recognition technology must:

• Provide notice to individuals before their biometric data is captured
• Obtain consent before enrolling facial geometry data in a commercial database
• Limit use of biometric data to the stated purpose
• Secure biometric data against unauthorized access

This means a retail store using facial recognition cameras to identify shoplifters must provide notice and obtain consent before enrolling individuals' facial data, which significantly limits the practical utility of such systems for that purpose.

Drone Video Recording

FAA and State Rules

Drone video recording in Washington is governed by both federal aviation regulations and state law:

• The Federal Aviation Administration (FAA) regulates drone operations under 14 CFR Part 107. Operators must register their drones and follow flight rules, including altitude limits and line-of-sight requirements.
• Silent drone video in public airspace is generally permitted under the First Amendment.
• Drone video with audio that captures private conversations on the ground may trigger RCW 9.73.030.
• Drone surveillance of private property where residents have a reasonable expectation of privacy may violate voyeurism and trespass laws.

Local Ordinances

Several Washington municipalities have enacted local ordinances restricting drone use. Check local rules before flying drones for surveillance or recording purposes.

Recording Public Meetings on Video

Under Washington's Open Public Meetings Act (RCW 42.30), public agencies are encouraged to record their meetings and make recordings available online. Under RCW 42.30.220, agencies are encouraged to make audio or video recordings of all regular meetings available for at least six months.

Members of the public have the right to record open public meetings. A public body cannot prohibit recording of a meeting that is open to the public.

Criminal Penalties for Video Recording Violations

Offense	Classification	Maximum Sentence	Maximum Fine
Voyeurism 1st degree	Class C Felony	5 years prison	$10,000
Voyeurism 2nd degree	Gross Misdemeanor	364 days jail	$5,000
Audio recording without consent	Gross Misdemeanor	364 days jail	$5,000
Disclosing illegal recording	Gross Misdemeanor	364 days jail	$5,000

Civil Remedies

Victims of illegal video recording in Washington have multiple avenues for civil recovery:

• Privacy Act damages under RCW 9.73.060: Actual damages or $100/day (capped at $1,000), plus attorney fees
• Tort claims: Invasion of privacy, intentional infliction of emotional distress, and negligence claims may be available
• Biometric privacy claims under RCW 19.375 for unauthorized use of facial recognition data
• Restraining orders: Courts may issue orders prohibiting further recording

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

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