Last Updated: January 2026 | Verified against current Oregon Revised Statutes and recent case law
Quick Answer
Oregon’s recording laws are complex and recently changed. For telephone calls, Oregon follows one-party consent – you can record calls you’re part of. For in-person conversations, a 2023 federal court ruling (Project Veritas v. Schmidt) struck down Oregon’s all-party consent requirement for public conversations as unconstitutional. However, recording private in-person conversations still requires all parties to be informed.
In July 2023, the Ninth Circuit Court of Appeals fundamentally changed Oregon recording law:
The court struck down ORS 165.540(1)(c) as applied to public, in-person conversations
The court found the all-party consent requirement for public conversations violated the First Amendment
Oregon was found to lack a compelling interest in protecting conversational privacy in public places
Current Rules Summary
Phone calls: One-party consent – if you’re a party, you can record
In-person (public places): Generally permitted without all-party consent (post-2023 ruling)
In-person (private places): All participants must be specifically informed
The Legal Foundation
Oregon’s recording laws are found in:
ORS 165.540 – Obtaining contents of communications
ORS 165.543 – Interception of communications (penalties)
Recording Phone Calls in Oregon
Can You Record Phone Calls in Oregon?
Yes – Oregon is a one-party consent state for phone calls. Under ORS 165.540(1)(a), you can record a telephone conversation as long as at least one party (including yourself) consents.
You can record calls you’re participating in without telling the other party
Third parties cannot intercept calls without consent from at least one party
This also applies to electronic communications like texts
Video with audio follows the same rules as audio recording
Hidden cameras in private areas are prohibited
Video Voyeurism
Oregon has separate laws prohibiting:
Recording in places where privacy is expected (bathrooms, changing rooms)
Invasive recordings under or through clothing
Distribution of intimate images without consent
Recording in the Workplace
Can You Record at Work in Oregon?
Workplace recording in Oregon depends on context:
Phone calls: One-party consent applies – you can record calls you’re on
In-person (public areas): Generally permitted post-2023
In-person (private settings): All parties must be informed
Company policies may prohibit recording regardless of legality
Employer Monitoring
Employers may monitor workplace communications with proper notice to employees.
Recording Police in Oregon
Can You Record Police Officers in Oregon?
Yes. The First Amendment protects your right to record police officers performing their duties in public. The 2023 Project Veritas ruling further supports this right by striking down the all-party consent requirement for public conversations.
Recording Public Meetings
Oregon’s public meetings laws support recording at government meetings. The statute has always permitted recording at public gatherings.
Penalties for Illegal Recording in Oregon
Criminal Penalties
Offense
Classification
Unauthorized interception of communications
Class A Misdemeanor
Recording private conversation without notice
Class A Misdemeanor
Class A misdemeanor in Oregon can result in up to 1 year in jail and fines up to $6,250.
Civil Liability
Victims of illegal recording may also pursue civil remedies for damages.
Frequently Asked Questions
Is Oregon a one-party or two-party consent state?
It depends. For phone calls, Oregon is one-party consent. For in-person conversations, it was two-party but the 2023 Project Veritas ruling struck down that requirement for public conversations.
Can I record a phone call in Oregon without telling the other person?
Yes. Oregon allows one-party consent for telephone recordings.
Can I record an in-person conversation in Oregon?
In public places: Yes, following the 2023 federal ruling. In private settings: Only if all parties are specifically informed.
What changed in 2023?
The Ninth Circuit struck down Oregon’s all-party notification requirement for public in-person conversations as unconstitutional under the First Amendment.
Can I record my employer in Oregon?
Phone calls: Yes (one-party consent). In-person: Depends on whether the setting is public or private. Company policies may also prohibit recording.
Can I record police in Oregon?
Yes. Recording police in public is protected by the First Amendment, and the 2023 ruling further supports this right.
Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Oregon’s recording laws have recently changed significantly. If you have questions about recording in Oregon, consult with a licensed Oregon attorney familiar with recent case law.
Two-Party Consent States Reference
Oregon is historically listed among two-party consent states, though its phone call rules are one-party consent and the 2023 ruling changed in-person public recording.
*Connecticut has different rules for phone vs. in-person. Delaware has conflicting statutes. Michigan courts have created a participant exception. Oregon has one-party consent for calls and the 2023 ruling changed public in-person rules.
