Yes, hidden cameras are legal in Washington homes under specific conditions. Washington follows a two-party consent law, meaning all parties must consent to audio recording, but video recording is permitted without consent if no audio is captured. The Washington State Attorney General’s Office and local courts have reinforced this distinction in recent enforcement actions, including a 2024 case involving a landlord’s unauthorized audio surveillance.
Key Regulations for Hidden Cameras in Your Home in Washington
- Two-Party Consent for Audio: RCW 9.73.030 requires all parties to consent to audio recordings. Recording conversations without knowledge or consent is a felony, punishable by up to five years in prison and $10,000 in fines.
- Video-Only Surveillance Permitted: Video recording without audio is lawful, but capturing footage in areas where individuals have a reasonable expectation of privacy (e.g., bathrooms, bedrooms) violates Washington’s invasion of privacy statutes (RCW 9.73.060).
- Landlord-Tenant Restrictions: Landlords may install hidden cameras only in common areas for security, not in tenant-occupied spaces. The Washington State Department of Commerce’s 2026 housing compliance guidelines explicitly prohibit covert surveillance in rental units without written tenant consent.
Violations may trigger civil lawsuits or criminal charges under Washington’s privacy laws. Consult the Washington State Attorney General’s Consumer Protection Division or local law enforcement for enforcement trends.