Is It Illegal to Record Audio on Ring Cameras?
By Jim Palmer Jr.

We live in a world that relies more and more on artificial intelligence which includes having our actions monitored in many settings.  I used to enjoy watching the television series called “Person of Interest” that ran for five seasons (2011 – 2016), which featured a reclusive billionaire software genius who built a computer system called The Machine.  The Machine monitored all electronic communications and surveillance video feeds with the intent of predicting terrorist activities and thwarting crime before it happened.

That premise seems like a good idea as long as it would never be used for evil purposes, right?  It is troubling to most of us that such a scenario could happen in real life, but maybe we are not so far away from that science fiction idea.  Have we given away some of our privacy and freedom under the guise of promoting safety and protection?

The question was asked recently in a real estate training session about whether it is legal to have active audio recordings on the popular Ring cameras or on other in home devices such as baby monitors.  Technically speaking, the answer is no, it is not legal.  Washington is a “two-party consent” state, meaning you need the speaker’s permission to record a private conversation.  RCW 9.73.030 makes most types of audio recordings illegal.

According to Annie Fitzsimmons, WAR legal hotline attorney, “Sellers should seek legal advice before recording any conversations at their home. It may be possible for a seller to conduct surveillance lawfully if seller gains the consent of the speaker.  It cannot be established just by publishing notice on the house or in the MLS that electronic audio surveillance is underway.  Washington law makes it unlawful for any person to intercept, by electronic means, the conversation of another without the speakers consent, but there is no limitation on video surveillance.”

In this day and age, buyers should be aware that everything they do (and say) on a seller’s property might be recorded whether it is done legally or illegally.  It is reasonable that a seller would want to monitor all of the activities in and around their home, but caution should be taken to do that legally.

In a recent case a prospective buyer was recorded along with their un-tethered dog traipsing through a seller’s home and even leaving evidence of using the bathroom.  Seller was able to prove that discourteous behavior because of the video surveillance in place.