Oregon Recording Laws: Consent Rules and Penalties

Quick Summary of Oregon Recording Laws

Oregon has some of the strictest recording laws in the United States. The state treats telephone recordings and in-person conversation recordings under different rules. For phone calls, Oregon follows one-party consent, which means you can record a call you are participating in without telling the other person. For in-person conversations, Oregon requires that all participants be specifically informed before any recording takes place.

This distinction matters because many people assume one set of rules covers all situations. In Oregon, that assumption can lead to criminal charges.

Oregon Recording Law Summary

Key Point	Answer
Telephone Calls	One-party consent
In-Person Conversations	All parties must be specifically informed
Key Statute	ORS 165.540
Civil Remedies Statute	ORS 133.739
Criminal Penalty	Class A misdemeanor
Maximum Jail Time	364 days
Maximum Fine	$6,250

Understanding Oregon's Recording Consent Framework

The Legal Foundation

Oregon's recording laws are codified in ORS 165.540, titled "Obtaining contents of communications." The statute covers two broad categories of recording activity.

Telephone and electronic communications fall under ORS 165.540(1)(a), which prohibits intercepting telecommunications or radio communications without consent from at least one party. This is the standard one-party consent framework used by most states.

In-person (oral) conversations fall under ORS 165.540(1)(c), which prohibits obtaining any part of a conversation by means of any device unless all participants are specifically informed that their conversation is being recorded. This "all-party notification" rule is what makes Oregon one of the stricter states for recording.

Additional penalties and interception rules are found in ORS 165.543 (interception of communications) and ORS 133.739 (civil damages for willful interception).

The 2023-2025 Legal Battle: Project Veritas v. Schmidt

Oregon's recording law was the subject of a high-profile federal court challenge that spanned several years. Understanding this timeline is important because some older sources may contain outdated information about Oregon's law.

July 2023: A three-judge panel of the Ninth Circuit Court of Appeals ruled in Project Veritas v. Schmidt that ORS 165.540(1)(c) was an unconstitutional content-based restriction on speech under the First Amendment. This ruling temporarily appeared to strike down the all-party notification requirement for public conversations.

January 7, 2025: The full Ninth Circuit, sitting en banc (with all judges participating), reversed the three-judge panel's decision in a 10-2 ruling. The en banc court held that Oregon's recording statute is content-neutral because it does not discriminate based on viewpoint or restrict discussion of any particular topic. Applying intermediate scrutiny, the court found that Oregon has a substantial interest in protecting conversational privacy and that the statute is narrowly tailored to serve that interest.

October 2025: The U.S. Supreme Court declined to hear the case (denied certiorari), leaving the Ninth Circuit's en banc decision fully in place.

The bottom line: Oregon's all-party notification requirement for in-person conversations is fully enforceable and has been upheld as constitutional by both the Ninth Circuit and, by its refusal to intervene, the U.S. Supreme Court.

Recording Phone Calls in Oregon

Can You Record Phone Calls in Oregon?

Yes. Oregon is a one-party consent state for telephone recordings. Under ORS 165.540(1)(a), you can legally record a telephone conversation as long as at least one party to the call consents. If you are a participant in the call, your own consent is sufficient.

This means:

• You can record calls you are participating in without telling the other party.
• A third party can record a call if at least one participant has given consent.
• This rule also applies to electronic communications.

Recording Calls Across State Lines

When you make or receive calls between Oregon and another state, the stricter state's rules generally apply. For example:

• If you call someone in a two-party consent state like California or Washington, you should follow that state's stricter requirements.
• Oregon's one-party consent for phone calls does not override another state's all-party consent law.
• When in doubt, the safest approach is to inform the other party that you are recording.

Federal wiretapping law under 18 U.S.C. 2511 also requires one-party consent, so Oregon's phone recording rules align with federal standards.

Business Call Recording

Oregon businesses can legally record phone calls under the one-party consent framework. However, best practices for businesses include:

• Playing an automated disclosure at the start of customer service calls.
• Training employees on when and how recordings may be made.
• Establishing written policies that document consent procedures.
• Retaining recordings in compliance with applicable data retention laws.

Recording In-Person Conversations in Oregon

The All-Party Notification Requirement

For in-person (oral) conversations, Oregon law under ORS 165.540(1)(c) requires that all participants be specifically informed that recording is taking place. This is sometimes called "all-party consent," though the statute technically requires notification rather than affirmative consent.

Key points about the notification requirement:

• Every person involved in the conversation must know recording is happening before the recording begins.
• The notification must be specific. A vague or implied notification is not sufficient.
• This applies regardless of whether the conversation takes place in a public or private setting.
• Even if you are a participant in the conversation, you cannot secretly record it.

Statutory Exceptions to the Notification Requirement

Oregon law provides several important exceptions where all-party notification is not required.

Unconcealed recording devices. If you use a recording device that is clearly visible and not hidden, the notification requirement does not apply for conversations at public or semipublic meetings, hearings, trials, press conferences, public speeches, rallies, sporting events, regularly scheduled classes or seminars, and private meetings where all participants knew or reasonably should have known the recording was being made.

Video conferencing. Conversations that occur through a video conferencing program (such as Zoom, Microsoft Teams, or Google Meet) are not subject to the notification requirement when the recording is obtained through the video conferencing platform itself.

Felony exception. A person may record a conversation during a felony that endangers human life without providing notification.

Law enforcement exception. Recording is permitted when a law enforcement officer is a participant in the conversation and certain conditions under ORS 165.540(5) are met, or when a person acts in coordination with law enforcement, an attorney, or a regulatory entity to capture alleged unlawful activity through a video conferencing program.

Rules for Private vs. Public Settings

Unlike some states that draw a sharp line between public and private locations, Oregon's notification requirement applies broadly. Even in a public park, a restaurant, or on a sidewalk, you must inform all parties before recording an in-person conversation. The Ninth Circuit's 2025 en banc ruling confirmed that Oregon's interest in protecting conversational privacy extends to public settings.

For clearly private settings such as homes, private offices, and medical facilities, the notification requirement applies with equal force.

Oregon Video Recording Laws

Video-Only Recording

Oregon's recording statute, ORS 165.540, specifically addresses audio interception and recording. Silent video recording (without audio) is generally not covered by this statute. This means:

• Video surveillance cameras that do not capture audio are typically legal in public areas.
• Security cameras in businesses are generally permitted as long as they are not placed in areas where people have a reasonable expectation of privacy.
• Adding audio to video recording triggers the notification requirements of ORS 165.540.

Invasion of Personal Privacy

Oregon has separate statutes that address video voyeurism and invasive recordings, independent of the wiretapping statute.

ORS 163.700 (Invasion of Personal Privacy in the Second Degree) makes it a Class A misdemeanor to knowingly record a photograph, video, or other visual recording of another person's intimate area without consent when the person has a reasonable expectation of privacy. This includes:

• Recording in bathrooms, dressing rooms, locker rooms, and tanning booths.
• Recording under or through clothing.
• Any area where a person undresses in an enclosed space not open to public view.

ORS 163.701 (Invasion of Personal Privacy in the First Degree) elevates the offense to a Class C felony when the recorded images are disseminated or when the victim is under 18 years of age. A Class C felony in Oregon carries up to 5 years in prison and a fine of up to $125,000. The court may also designate this offense as a sex crime requiring registration under ORS 163A.005.

Recording in the Workplace

Employee Recording Rights

Workplace recording in Oregon depends on the type of communication being recorded.

• Phone calls at work: One-party consent applies. An employee can record a work-related phone call they participate in.
• In-person conversations at work: All participants must be specifically informed before recording. A private office conversation, a meeting in a conference room, or a discussion in a break room all require notification.
• Video conferencing calls: Recordings made through the video conferencing platform itself fall under the exception and do not require all-party notification.

Employer Surveillance

Employers in Oregon may conduct workplace monitoring, but they must balance their interests with employee privacy rights.

• Employers can install video surveillance cameras in common work areas, but not in private spaces like restrooms or changing areas.
• Audio monitoring or recording of employee conversations requires compliance with ORS 165.540.
• Oregon law encourages employers to provide clear written notice of any monitoring policies.
• Company policies may restrict recording beyond what the law requires, and employees can face discipline for violating those policies even if the recording itself would have been legal.

Recording Police Officers in Oregon

Your Right to Record Law Enforcement

Yes, you can record police officers performing their duties in public. The First Amendment protects the right to record government officials, including law enforcement officers, carrying out their public duties. Federal courts across the country, including the Ninth Circuit, have recognized this right.

In Oregon specifically:

• You may record police officers during traffic stops, arrests, protests, and other public encounters.
• Officers cannot order you to stop recording or seize your device solely because you are recording.
• You should not physically interfere with police activity while recording.
• The law enforcement exception in ORS 165.540 also permits recordings when law enforcement officers are participants in conversations and certain conditions are met.

Recording Public Meetings

Oregon's public meetings laws support recording at government proceedings. ORS 165.540 has always included exceptions permitting recording at public and semipublic meetings, hearings, trials, and legislative proceedings. Citizens have the right to record city council meetings, school board hearings, and other government functions open to the public.

Penalties for Illegal Recording in Oregon

Criminal Penalties

Violating Oregon's recording laws under ORS 165.540(1) or (2)(b) is a Class A misdemeanor. Under Oregon sentencing guidelines:

Penalty	Maximum
Jail time	Up to 364 days
Fine	Up to $6,250
Probation	Up to 5 years

Sentencing guidelines under ORS 161.615 (maximum imprisonment for misdemeanors) and ORS 161.635 (fines for misdemeanors) set these maximums. Actual sentences depend on the circumstances, the defendant's criminal history, and judicial discretion.

Civil Liability

Under ORS 133.739, a person whose communications are willfully intercepted, disclosed, or used in violation of the law may bring a civil lawsuit. Available remedies include:

• Actual damages, but not less than $100 per day for each day of violation, or $1,000, whichever amount is greater.
• Punitive damages at the court's discretion.
• Reasonable attorney fees may be awarded to the prevailing party.

A good faith reliance on a court order or legislative authorization is a complete defense to civil claims under this statute.

Evidentiary Consequences

Under ORS 41.910, intercepted communications obtained in violation of the law are inadmissible as evidence in any Oregon court proceeding. This means an illegally obtained recording cannot be used in court, even if the recording contains relevant evidence.

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