Federal Way, WA Privacy & Surveillance: Recording & Consent Laws (2026)
Key Facts
- Citation
- RCW 9.73.030, adopted by FWRC 6.55.030
- Consent rule
- All parties must consent to recording
- Penalty
- Gross misdemeanor (RCW 9.73.080)
- Emergency exception
- One-party consent for fires, crimes, threats
- Police exception
- RCW 9.73.090 sets dash/body-cam standards
- Adopting chapter
- FWRC 6.55.030, Public Peace
Summary
Federal Way adopts Washington's all-party consent law, RCW 9.73.030, by reference in FWRC 6.55.030. Recording a private conversation or phone call without the consent of everyone involved is unlawful, and RCW 9.73.080 makes a violation a gross misdemeanor. Narrow exceptions cover emergency calls, threat calls, and specific police recording standards.
(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.
Full Breakdown
200, Washington's privacy act. 030(1), makes it unlawful to intercept or record a private telephone, telegraph, radio, or similar communication, or a private conversation, 'without first obtaining the consent of all the participants,' and subsection (3) lets that consent be satisfied by an announcement to everyone on the line or in the room that the conversation is about to be recorded, so long as the announcement itself is captured on the recording. Subsection (2) narrows the requirement to one-party consent for wire communications that are emergencies, such as reporting a fire, medical emergency, crime, or disaster, or that convey threats of extortion, blackmail, or bodily harm.
030 a gross misdemeanor. 030 lists as adopted, exempts police, fire, and emergency personnel from the consent rule in specific circumstances: officers recording arrested persons before their first court appearance, patrol-car dash and body audio that must run with the video and cannot be shut off intentionally mid-event, and an officer who is a party to a conversation or who has judicial authorization to record a nonconsenting felony suspect. None of these exceptions authorizes a civilian to record another private conversation without every participant's consent.
Violations & Fines
A violation of RCW 9.73.030, enforced in Federal Way through FWRC 6.55.030, is charged as a gross misdemeanor under RCW 9.73.080(1); knowingly altering, erasing, or wrongfully disclosing a lawfully made recording is a separate gross misdemeanor under RCW 9.73.080(2). Officers who violate the uniform, notice, or no-intentional-shutoff conditions on patrol-vehicle audio in RCW 9.73.090(1)(c) lose the statute's exemption and fall back under the general consent requirement.
Frequently Asked Questions
Can I record a phone call or private conversation in Federal Way without telling the other person?
How do I legally give notice that I'm recording someone?
What's the penalty for recording someone without consent in Federal Way?
Are Federal Way police allowed to record me without asking?
Sources & Official References
Other rules in Federal Way
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