Oregon Recording Law Summary:
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. 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. 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 conversations 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.
- Regular 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.
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:
- 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 illegal 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)
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)
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.
Other Oregon Laws