Washington Recording, Tracking & Surveillance Laws

At a glance

Adult subject — e.g., a spouse

Your own minor child

As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”

General (any subject)

Recording & consent

Washington is an all-party consent state. Under RCW 9.73.030 it's a crime to record a private conversation, phone call, or electronic communication unless all parties consent — though consent is satisfied if one party announces, in a reasonably effective way, that recording is happening. A violation is a gross misdemeanor, with a civil remedy.

'Private' is the key word: conversations with no reasonable expectation of privacy fall outside it. The federal overlay still applies.

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment — Washington sits in the Ninth Circuit — as long as you don't physically interfere. Washington courts have generally held that recording police performing public duties isn't a 'private' conversation under the wiretap act.

GPS & vehicle tracking

Washington has no statute written only for GPS trackers, but secretly tracking someone can be charged under the stalking/harassment law (RCW 9A.46.110). Tracking a vehicle you own is generally fine; secretly tracking someone else can be criminal. Treat non-consensual tracking as a lawyer question.

Private-investigator licensing

Washington requires a state license to work as a private investigator, under RCW Chapter 18.165, through the Department of Licensing (DOL). There are separate individual and agency licenses; agencies need three years of qualifying experience (or exam) plus a $10,000 bond or $25,000 liability insurance.

Out-of-state investigator reciprocity

Washington offers a narrow temporary reciprocity: a valid out-of-state PI license is honored for 90 days — but only while the licensee is on temporary assignment for the same employer that employs them in their home state (RCW 18.165.140). The visitor can't solicit business or hold out as Washington-licensed. Beyond that, a Washington license is required.

Hidden cameras in private areas

Knowingly viewing, photographing, or filming another person, or their intimate areas, where they reasonably expect privacy, without consent is voyeurism in Washington (RCW 9A.44.115) — a felony in the first degree. Hidden cameras in bedrooms, bathrooms, and changing areas are off-limits.

Cameras in your own home / nanny cams

You can put cameras in your own home, including nanny cams in common areas. The limits: don't aim a camera at a space a guest, tenant, or worker would reasonably treat as private (a bathroom, or a live-in caregiver's bedroom) — that risks the voyeurism statute — and remember Washington is all-party for audio, so a hidden mic capturing others' conversations violates RCW 9.73.030 even at home.

Doorbell & outdoor cameras

A doorbell or outdoor camera covering your own porch, yard, or the street is fine for video — no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or if the mic captures others' private conversations (all-party audio). Aim at your property, not through someone else's walls.

Workplace & employee recording

Because Washington is all-party, recording a workplace conversation generally needs everyone's consent (an announcement can satisfy it). Secretly recording is a gross misdemeanor under RCW 9.73.030. Employers who monitor email or work systems should give clear notice, and federal workplace rules can apply.

Drone surveillance

Washington has no dedicated drone-privacy statute; its main tool against drone spying is the voyeurism statute (RCW 9A.44.115), plus trespass and, for audio, the all-party recording law. General flight and filming from public vantage points remain legal; because coverage runs through those statutes, treat drone surveillance of people as a lawyer question. FAA rules govern the airspace.

See an error or an out-of-date citation? Please let us know.

General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official Washington Codes and consult a licensed Washington attorney before recording, tracking, installing cameras, or gathering evidence.