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Washington

In Washington, all parties generally must consent to the interception or recording of any private communication, whether conducted by telephone, telegraph, radio or face-to-face, to comply with state law. Wash. Rev. Code § 9.73.030. The all-party consent requirement can be satisfied if “one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted.” In addition, if the conversation is to be recorded, the requisite announcement must be recorded as well. Wash. Rev. Code § 9.73.030.

Moreover, an employee of a news organization engaged in newsgathering is deemed to have the requisite consent to record and divulge the contents of conversations “if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers.” Wash. Rev. Code § 0.73.030(4). Anyone speaking to an employee of a news organization who has been deemed to have given consent cannot withdraw that consent after the communication has been made. Wash. Rev. Code § 0.73.030(4).


Inside Washington