Employee Monitoring Law Planner
Sources

Washington RCW chapter 9.73 (recording private communications and conversations)

Law. Placed at Washington. Read 30 Sep 2026; 3 provisions cited by the planner.

What does RCW 9.73.030 require?

No individual, partnership, corporation, association or public body may intercept or record a private communication transmitted by telephone, telegraph, radio or other device between two or more individuals, inside or outside the state, using any device designed to record or transmit it, without first obtaining the consent of all the participants in the communication. Also cited: 9.73.030(1)(b), private conversations in person: obtain the consent of all persons engaged before recording; 9.73.030(3), obtain consent by a recorded announcement to all parties.

RCW 9.73.030(1)(a)Phone and device communications: obtain the consent of all participants before intercepting or recording

No individual, partnership, corporation, association or public body may intercept or record a private communication transmitted by telephone, telegraph, radio or other device between two or more individuals, inside or outside the state, using any device designed to record or transmit it, without first obtaining the consent of all the participants in the communication. Violation is a gross misdemeanor (9.73.080) and gives a civil action (9.73.060).

What a reviewer asks to see: Inventory of call, video-call and voice-message recording used with Washington participants; Recorded start-of-call announcement and configuration evidence that it plays before recording begins (see 9.73.030(3))
Where monitoring plans usually fall short: Recording starts before the announcement plays; Outbound sales calls recorded without an announcement; Video-conference recordings started without telling external participants
Source: Washington RCW chapter 9.73 (recording private communications and conversations), read 30 Sep 2026
RCW 9.73.030(1)(b)Private conversations in person: obtain the consent of all persons engaged before recording

No individual, partnership, corporation, association or public body may intercept or record a private conversation by any device designed to record or transmit it, without first obtaining the consent of all the persons engaged in the conversation. For an employer this covers audio-capable CCTV, meeting and interview recording, and body-worn or in-vehicle microphones.

What a reviewer asks to see: Register of audio-capable devices in Washington workplaces and vehicles with the consent obtained for each; Interview and meeting recording policy requiring consent of every participant, with a recorded statement of consent
Where monitoring plans usually fall short: CCTV microphones capturing staff conversations; Investigation interviews recorded covertly
Source: Washington RCW chapter 9.73 (recording private communications and conversations), read 30 Sep 2026
RCW 9.73.030(3)Obtain consent by a recorded announcement to all parties

Where all-party consent is needed, consent is treated as obtained once one party has announced to all other parties, in any reasonably effective manner, that the communication or conversation is about to be recorded or transmitted; if it is to be recorded, the announcement itself must also be recorded.

What a reviewer asks to see: Announcement wording used on calls and at the start of recorded meetings; Sample recordings showing the announcement captured at the start of the recording
Where monitoring plans usually fall short: Announcement given before the recorder starts, so it is missing from the recording; Written policy notice relied on instead of an announcement to the other party
Source: Washington RCW chapter 9.73 (recording private communications and conversations), read 30 Sep 2026

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