Legal Question in Criminal Law in Washington

Recordings made without knowledge/consent

A neighbor told police (who told me) last week that she is taping conversations that occur next door with her audio/visual surveillance system. The cop said that since the device is on her property, that it isn't illegal. I do not want a neighbor listening in and recording private conversations. She should know better cause she is an officer of the court but apparently I am the only one who thinks that this is not legal. Please advise.


Asked on 5/16/07, 10:35 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Recordings made without knowledge/consent

This law seems to cover your question:

RCW 9.73.030 Intercepting, recording, or divulging private communication �

Consent required � Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful

for any individual, partnership, corporation, association, or the state of

Washington, its agencies, and political subdivisions to intercept, or

record any:

(a) Private communication transmitted by telephone, telegraph, radio, or

other device between two or more individuals between points within or

without the state by any device electronic or otherwise designed to record

and/or transmit said communication regardless how such device is powered or

actuated, without first obtaining the consent of all the participants in

the communication;

(b) Private conversation, by any device electronic or otherwise designed

to record or transmit such conversation regardless how the device is

powered or actuated without first obtaining the consent of all the persons

engaged in the conversation.

Contact me directly if you need any further assistance.

At your service,

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Answered on 5/17/07, 9:41 pm


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