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i rent a room with a few other housemates, and i was wondering if i can record myself in the kitchen cooking and not be in violation of 9.73.030

i understand that Washington State, is a two party consent state, and that it would be a violation of 9.73.030 to record audio or a private conversation of a person without the consent of everyone involved.

however, if i am making a cooking video in the kitchen for say youtube, and someone wants to use the kitchen before i am done with it, and they attempt to have a conversation with me, would that be a violation of 9.73.030?

ultimately, would it be a crime to record cooking videos in the community space of where i live, without the consent of other people? thanks

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As is often the case with the recording statutes, the meaning of the law is refined by case law. Specifically, the consent requirement holds when the parties have a reasonable expectation of privacy. The statutory language limits the restriction to "private communication": therefore, a person does not gain veto power over a public recording session simply by walking into the arena. Consent is implied when the fact of recording is self evident (you can see the operating recording device): by continuing to speak knowing that your speech is being recorded is implicit consent. Also, consent is only required for participants in the communication, and a person who happens to wander into the scene is not a participant in that communication.

You may not want to test the edges of the law, in case a person wanders into the scene oblivious to their surroundings and talking on their cell phone. There might be a scenario where you're recording yourself but they are unaware of that fact, and they are having another private communication. The law does not prohibit accidentally overhearing someone else's private communication, it prohibits recording it. An unavoidable sign may aid you in your quest to not get sued.

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