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.
Or. Rev. Stat. Ann. § 165.540: Recording a conversation in violation of Oregon law is considered a misdemeanor.