Oregon recording law stipulates that it is a criminal offense to use any device to record or share an oral conversation without the consent of all contributing parties. However, in specific cases Oregon has regulations that are more in line with one party consent.
For example:
Or. Rev. Stat. Ann. §§ 165.535, 165.540. This state requires the consent of one party for the lawful recording or disclosure of electronic communications.
Or. Rev. Stat. Ann. §§ 165.535, 165.540. This means that in Oregon you are legally allowed to record electronic conversations with the consent of one party, but you need the consent of all involved to record an oral conversation (in person).
You do not need consent to record electronic communications that are easily available to the public. Or. Rev. Stat. Ann. § 165.540 (West 2012).
You may not record oral communication without the consent of all involved parties.*
*This law does not apply to those using a visible recording device to capture audio in any of the following situations:
Meetings open to the public or semi-public such as: hearings before governmental or semi-governmental assemblies, trials, press conferences, speeches made in public, rallies, sporting events, and similar occurrences.
Government officials performing official duties
Regularly scheduled classes or related educational activities within public and private schools.
Private gatherings where everyone taking part knew or should have been expected to know they were being recorded.
Recording a law enforcement officer while they are in a working capacity (without interfering).
If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
In Oregon, the laws are much less strict for an unconcealed recording device, if you are in an area where recording is allowed and are openly using a device to make an audio recording then you are likely doing so legally.
For additional protections you can also gain further consent by:
Getting verbal or written consent prior to the recording being made.
A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
An audible beep tone being repeated at steady intervals during the duration of the conversation.
Oregon Video Recording Laws
It is considered a crime of invasion of personal privacy in the second degree to knowingly record a photograph, motion picture, videotape or make other visual recording of another person’s intimate area without the consent of the person concerned when that person has a reasonable expectation of privacy concerning the intimate area. For example, recording a person under or through that person’s clothing is an illegal recording because that person has a reasonable expectation of privacy concerning his or her intimate parts. Or. Rev. Stat. Ann. § 163.700(1)(b)(A)(B)
Oregon Recording Law does not affect the use of video recording devices in areas to which there is no reasonable expectation privacy or in an area where the public has access.
Hidden Cameras
It is considered a crime of invasion of personal privacy in the first degree to knowingly record a photograph, motion picture, videotape or make other visual recording of a person in a state of nudity without that person’s consent in situations or place where that person has a reasonable expectation of privacy. For example, it is illegal to record a person inside a hotel room or changing room because that person might be in a state of nudity and is in a place where is a reasonable expectation of privacy. Or. Rev. Stat. Ann. § 163.701(1)(a)
Recording Phone Calls
Or. Rev. Stat. §§ 165.535, 165.540 – Oregon recording laws are unique in that they have different laws in place for telephone conversations, you are able to record telephone conversations with the consent of only one party. This differs from an in-person conversation where you are required to gain the consent of all parties. One-party consent means that you just need the consent of at least one party to record telephone or radio communication.
You can record telephone conversations if you have:
Consent of at least one party
The person recording gets ritten or verbal consent of at least one party
An audible been on the recording
A verbal notification played prior to the conversation
You believe that the other person is committing a felony or will endanger human life.
State laws differ, so hen recording interstate phone calls it’s always best practice to follow the strictest applicable law, so if you are on the phone with an all party consent state then you will need to gain consent of all all parties or play a beep/verbal notification.
Interestingly as Rev. Stat. Ann. §§ 165.535. deals with wireless communications and the transmission of ‘Writing, Signs, signals, pictures, and sounds’ one party consent is required to share the contents of text and MMS images sent between wireless devices.
Criminal Penalties:
Or. Rev. Stat. Ann. § 165.540: Recording a conversation in violation of Oregon law is considered a misdemeanor.
Or. Rev. Stat. Ann. § 163.700(3): Invasion of personal privacy in the second degree is a Class A misdemeanor punishable by imprisonment not exceeding 364 days.
Or. Rev. Stat. Ann. § 163.700(2)(a): Invasion of personal privacy in the first degree is a Class C felony punishable by imprisonment not exceeding 5 years.
Civil Suit
Or. Rev. Stat. § 133.739. If the release of a privately recorded oral, telephone, or electronic conversation has damaged you or your reputation in any way you can engage a lawyer to sue for civil damages. If successful you will receive $100 per day for each day of violation or $1000, whichever is greater. You will also be able to recover punitive damages and any attorney fees you may have incurred.
If someone is using a copyrighted work or recording of yours you may submit a DMCA takedown notice.
