Most people think they can record anything, anytime. Oregon says otherwise. The rules here are more detailed than you might expect. Get them wrong, and you could face criminal charges.
This guide breaks it all down in plain language. No legal jargon. Just what you need to know to stay on the right side of Oregon law.
What Is Oregon’s Recording Law?
Oregon’s main recording law is ORS 165.540. It controls when you can record conversations. It applies to phone calls, in-person talks, and even video calls.
The law exists to protect people’s privacy. It stops others from secretly capturing your words without your knowledge. Pretty straightforward purpose, right?
Here’s the key thing to understand. Oregon uses what’s called a “split consent” system. That means different rules apply depending on what you’re recording. Phone calls work differently than in-person conversations. Silent video works differently than video with audio.
Phone Call Recording Rules
Okay, let’s start with the good news.
Oregon is a one-party consent state for phone calls. That means only one person on the call needs to agree to the recording. If you are on the call, your own consent is enough. You can record your own phone conversations without telling the other person.
Wondering if this applies to text messages too? Texts and written electronic messages are a separate matter. The wiretapping law mainly covers spoken communications. But be careful. Using recording apps or screen capture tools to intercept someone else’s calls without being a party to them is still illegal.
There is one important exception worth knowing. If you are not part of the call at all, you cannot record it. Listening in on a conversation you are not part of is illegal. That rule applies whether the call is on a landline, cell phone, or messaging app.
In-Person Conversation Rules
Hold on. This is where Oregon gets strict.
Recording an in-person conversation is totally different from recording a phone call. Oregon requires that all participants be informed before you hit record. That means everyone in the conversation needs to know a recording is happening.
You do not necessarily need everyone to say “yes, I agree.” But you do need to specifically tell them. A clear statement like “I am recording this conversation” is the standard. Secretly hitting record on your phone and slipping it into your pocket? That is illegal here.
This rule surprised a lot of people when the Ninth Circuit Court of Appeals confirmed it in January 2025. The court upheld Oregon’s requirement in a major case called Project Veritas v. Schmidt. The ruling made clear that this notice requirement applies even in public places. You cannot secretly record conversations in a park, a restaurant, or on a sidewalk.
Most people assume public spaces are fair game. They find out the hard way. Don’t be one of them.
Video Recording Rules
Here’s where things get interesting.
Silent video recording is treated very differently from audio recording. If your camera captures no sound at all, Oregon’s wiretapping law does not apply. You can generally film in public without restriction when there is no audio involved.
But the moment your video captures audio of a conversation, the rules change. Adding audio triggers the all-party notice requirement. This matters for dash cams, security cameras, doorbells, and smartphone recordings.
Think of it this way. Silent video is basically free. Video with sound needs to follow the same notice rules as audio recording.
Oregon also has separate laws for invasive recordings. ORS 163.700 and ORS 163.701 cover video voyeurism. Recording someone in a private setting without their consent is a serious crime. This covers bathrooms, changing rooms, bedrooms, and similar spaces. These laws apply even if no audio is captured.
The “Visible Device” Exception
Sound complicated? It’s actually not once you see this part.
Oregon law has a helpful exception called the “unconcealed device” exception. Under ORS 165.540(2), you can record at public or semi-public events using a visible recording device. You do not need to notify each person individually at these kinds of events.
This covers things like public meetings, protests, community gatherings, and open events. If your camera is out in the open and people can reasonably see it, you are generally fine. The key word is “visible.” Hidden cameras do not qualify for this exception.
Video Call and Zoom Recording Rules
This one surprises a lot of people too.
Oregon law has a specific rule for video conferencing platforms. Under ORS 165.540(6)(b), recordings made through a video conferencing program like Zoom, Google Meet, or Microsoft Teams are not subject to the in-person all-party notification requirement.
That means you can use the built-in recording feature on these platforms without following the strict in-person notice rules. The one-party phone rule applies instead. As long as you are a participant in the call, recording it is generally lawful.
Honestly, this rule makes a lot of sense given how much remote work and virtual meetings have become part of daily life.
Recording Police Officers
You’re gonna love this one.
You have the right to record police officers doing their jobs in public. The First Amendment protects this right. Oregon courts and federal courts both recognize it. You can record traffic stops, arrests, protests, and other public encounters.
Officers cannot legally order you to stop recording. They cannot take your device just because you are filming them. That said, a few rules still apply.
You cannot physically get in the way of police activity while recording. Keep a safe distance. Also, audio rules still apply. If you are recording audio of a conversation between officers and other people, the notice requirements technically come into play. In practice, courts focus more on the First Amendment right to record in these situations.
Stay with me here. There is one more thing. Oregon’s recording statute actually includes a specific exception for law enforcement officers recording conversations they are part of during official duties. So officers can record you, but you can also record them.
Workplace and Security Camera Rules
Employers in Oregon can use video surveillance cameras for safety and security. Cameras are permitted in common areas like lobbies, sales floors, parking lots, and warehouses. That is pretty standard.
But employers cannot put cameras in bathrooms, changing rooms, or break rooms used for changing. Those are areas where people have a clear expectation of privacy. Violating this rule is a crime.
If workplace cameras capture audio, the all-party notice requirement kicks in. Businesses should post visible signs when surveillance is in use. Employees should receive written notice of surveillance policies. This protects everyone.
Doorbell cameras like Ring and Nest are popular in Oregon. These typically capture both video and audio. Technically, the audio portion can trigger notice requirements. The safest move is to post a sign near your door letting visitors know recording is in use.
Penalties for Violating Oregon Recording Laws
Let’s talk about what happens if you break these rules.
Secretly intercepting a communication you are not a party to is a Class A misdemeanor under ORS 165.543. That can mean a fine up to $6,250 and up to one year in jail. Think of it like a serious traffic violation, but with criminal consequences.
Violating the in-person notice requirement under ORS 165.540 can also lead to criminal charges. The severity depends on the circumstances and how the violation occurred.
There are also civil consequences. Under ORS 133.739, a person who was illegally recorded can sue you for civil damages. You could face financial penalties on top of any criminal punishment.
Here is another consequence most people miss. Recordings obtained in violation of Oregon law are inadmissible in court. You cannot use an illegal recording as evidence. Even if the recording proves something important, Oregon courts will throw it out under ORS 41.910.
Personally, I think that last part is the most important thing for people to understand. You might record something thinking it helps your case. It could actually hurt you instead.
Special Circumstances to Know
Not sure what counts as an exception? Let me break it down.
Several specific situations have their own rules. Telecom company employees can intercept communications as part of maintenance and repair work. Jail and prison officials can record certain communications. Law enforcement can record conversations under specific legal conditions.
Oregon also passed SB 1121, which addresses what happens when a recording is used to harm or weaponize against the person who was recorded. This law does not change when you need to give notice before recording. It deals with what happens after a recording is misused.
You’re not alone if this feels like a lot of details. Most people don’t realize how specific these rules are until they need to know them.
How to Record Legally in Oregon
Here is what you need to do to stay legal.
For phone calls, your own consent is enough. You are a party to the call, so you can record it. Simple.
For in-person conversations, tell the other person before you record. A clear verbal notice works. You do not need a written agreement. Just say it out loud. Something like “I want to let you know I am recording this conversation” is enough.
For video with audio, follow the in-person notice rules. For silent video in public, you generally have no restrictions. For video calls online, use the platform’s built-in recording feature, and your own participation is sufficient.
For security cameras at home or work, post visible signs. Keep cameras out of private areas. Disable audio capture if you are not prepared to meet the notice requirements.
When in doubt, err on the side of telling people. It takes five seconds. It saves you from a criminal charge.
Frequently Asked Questions
Can I record a conversation in Oregon without telling anyone?
For phone calls, yes, if you are a party to the call. For in-person conversations, no. You must inform all participants before recording.
Does Oregon require everyone to agree to be recorded?
Not exactly. You must inform all participants that recording is happening. Their agreement is not always required, but their knowledge is.
Can I record a conversation in a public place?
You can record silent video freely in public. But recording audio of in-person conversations still requires you to notify the people being recorded, even outdoors.
Is it legal to record my boss or coworkers at work?
Recording in-person conversations at work requires notifying all participants. Recording secretly is illegal under Oregon law.
What happens if someone records me without my consent?
You may have the right to pursue civil damages under ORS 133.739. You should consult an attorney about your specific situation.
Can I use a secret recording as evidence in an Oregon court?
No. Recordings obtained in violation of ORS 165.540 are inadmissible in Oregon court proceedings.
Does Oregon’s recording law apply to Zoom or FaceTime calls?
Oregon has a specific exception for video conferencing platforms. One-party consent applies, meaning your own participation in the call is sufficient to record it lawfully.
Final Thoughts
Oregon’s recording laws are more layered than people expect. Phone calls and in-person conversations play by different rules. Video with audio and silent video are not the same. Public spaces do not give you a free pass on audio recording.
The big things to remember: notify people before recording in-person conversations, keep cameras out of private areas, and never try to use an illegal recording as evidence.
Now you know the basics. Stay informed, and when you are unsure, talk to an Oregon attorney before you hit record.
References
- ORS 165.540, Oregon Revised Statutes, “Obtaining contents of communications”
- ORS 165.543, Oregon Revised Statutes, “Interception of communications”
- ORS 163.700, Oregon Revised Statutes, “Invasion of Personal Privacy”
- Project Veritas v. Schmidt, Ninth Circuit En Banc Opinion (January 2025)
- RecordingLaw.com, Oregon Recording Laws Overview (2026)
- Oregon State Bar Lawyer Referral Service
