Oregon Recording Laws: A Practical Guide to Audio and Video Evidence

TL;DR
Video recording: Generally legal in public spaces with no consent requirement
Audio recording: Oregon requires notice for in-person conversations (as of January 2025); phone calls remain one-party consent
Dash cams: Video is fine; disable audio recording unless you post clear notice signs
Key statute: ORS 165.540 governs conversational privacy in Oregon
Practical impact: Most recording situations are legal if you understand the audio vs. video distinction

Understanding Oregon’s Recording Laws: The Basics

Oregon’s recording laws distinguish clearly between audio and video recording, with different rules for each. This distinction matters for everything from dash cams to smartphone recordings to security cameras.

The January 2025 Legal Clarification

In January 2025, the Ninth Circuit Court of Appeals issued an en banc decision that clarified Oregon’s conversational privacy statute (ORS 165.540). The court upheld that Oregon requires notice before recording in-person audio conversations, but this requirement does not extend to video-only recording.

This decision resolved years of uncertainty about how Oregon’s privacy laws apply to modern recording technology.

Video Recording: Generally Permissible

Public Spaces

Recording video in public spaces is generally legal under Oregon law. This includes:

Street scenes and public events
Traffic situations (crucial for dash cams)
Public portions of businesses
Government buildings and proceedings

Private Property

Video recording on private property requires permission from the property owner or person in control of the space.

No Expectation of Privacy

The key legal test is whether someone has a “reasonable expectation of privacy.” In most public settings, courts have found no such expectation exists for visual recording.

Audio Recording: More Complex Rules

In-Person Conversations: Notice Required

Current Law (as of January 2025): Oregon requires notice before recording in-person audio conversations. This means:

You must inform people that the conversation is being recorded
The notice must be given before recording begins
Written signs can satisfy the notice requirement
The notice doesn’t have to be verbal—it just has to be clear

Oregon follows one-party consent for telephone conversations, meaning:

You can record phone calls you’re part of without telling the other person
You cannot record phone calls between other people unless you have consent
This applies to landlines, cell phones, and VoIP calls

The “Conversational Privacy” Standard

ORS 165.540 protects “conversational privacy” but the 2025 court decision clarified this applies specifically to audio content of conversations, not visual recording of people talking.

Practical Applications for Common Situations

Dash Cameras

Video: Completely legal for recording traffic and road conditions Audio: Disable cabin audio recording OR post clear notice signs in your vehicle

Best Practice: Most dash cam users should disable audio recording to avoid any compliance issues.

Smartphone Recording

Public incidents: Video recording is generally fine; be cautious about audio if you’re close enough to capture clear conversations

Private conversations: Always get permission before recording audio of conversations you’re not part of

Security Cameras

Video surveillance: Legal for your own property; avoid pointing cameras at neighbors’ private areas Audio recording: Requires notice if the cameras capture audio in areas where people might expect conversational privacy

Workplace Recording

General rule: Check company policies first Legal requirement: Notice required for audio recording of workplace conversations Union considerations: Collective bargaining agreements may have additional restrictions

Evidence and Legal Proceedings

Admissibility Standards

Oregon courts generally admit lawfully obtained recordings as evidence if:

The recording is relevant to the case
Proper authentication is provided
The recording wasn’t obtained in violation of privacy laws

Authentication Requirements

To use recordings as evidence, you typically need:

Testimony about how the recording was made
Evidence that the recording is accurate and unedited
Chain of custody documentation
Proof the recording complies with applicable laws

Common Evidentiary Issues

Edited recordings: Courts scrutinize any evidence of editing or manipulation Poor quality: Audio or video quality issues can affect admissibility Privacy violations: Illegally obtained recordings are typically excluded

Exceptions and Special Circumstances

Law Enforcement

Police officers operate under different rules and generally can record in the course of their official duties.

Emergency Situations

Courts may consider emergency circumstances when evaluating the legality of recordings made without proper notice.

Commercial vs. Personal Use

Different standards may apply depending on whether recording is for personal use, journalism, or commercial purposes.

Penalties for Violations

Criminal Penalties

Violating ORS 165.540 can result in:

Class A misdemeanor charges
Up to one year in jail
Fines up to $6,250

Civil Remedies

People whose privacy is violated may have grounds for:

Civil lawsuits for damages
Injunctive relief to stop ongoing violations
Attorney’s fees in some cases

Compliance Best Practices

For Dash Cam Users

Disable audio recording unless you post clear notice signs
Keep video-only settings for hassle-free compliance
Document your settings in case questions arise later
Check settings after updates to ensure audio remains disabled

For General Recording

When in doubt, ask permission before recording audio
Post clear signs if you’re recording audio in spaces you control
Understand the difference between video and audio rules
Keep current on legal developments—recording law evolves with technology

For Business Owners

Post clear notices about any audio recording systems
Train employees on recording policies
Review security systems to ensure compliance
Document compliance efforts for liability protection

Recent Legal Developments

The 2025 Ninth Circuit Decision

The January 2025 en banc decision by the Ninth Circuit Court of Appeals provided crucial clarity by:

Upholding Oregon’s notice requirement for in-person audio recording
Clarifying that video-only recording isn’t covered by the conversational privacy statute
Resolving circuit splits on similar privacy laws
Providing guidance for lower courts on interpretation

Technology and Legal Evolution

Recording law continues to evolve as technology advances:

Smart devices with always-on listening capabilities raise new questions
Artificial intelligence and voice recognition create new privacy concerns
Cloud storage of recordings may trigger additional federal laws
Interstate recording situations can involve multiple jurisdictions’ laws

Frequently Asked Questions

Can I record a conversation I’m part of?

Phone conversation: Yes, Oregon is a one-party consent state for phone calls In-person conversation: You must provide notice to other parties before recording audio

What if someone is recording me without permission?

If someone records your in-person conversation without notice in Oregon, they may be violating ORS 165.540. You can:

Ask them to stop recording
Report potential violations to law enforcement
Consult with an attorney about civil remedies

Do Ring doorbells and security cameras need special notices?

If your security cameras record audio in areas where people might expect conversational privacy, posting clear notice signs is advisable. Video-only recording is generally permissible.

What about recording police interactions?

You generally have the right to record police officers performing their duties in public spaces. However, you cannot interfere with their work, and audio recording rules still apply.

When to Seek Legal Advice

Consider consulting with an attorney if you:

Need to use recordings as evidence in legal proceedings
Face accusations of illegal recording
Run a business with recording systems
Have questions about specific recording situations
Need to understand federal laws that might also apply

Recording laws can be complex, especially when federal regulations or multiple jurisdictions are involved.

Key Takeaways for Oregonians

Remember the distinction: Video and audio recording have different rules in Oregon Notice matters: When recording audio of in-person conversations, provide clear notice Dash cams: Stick to video-only settings for simplest compliance Stay informed: Recording law evolves with technology—what’s legal can change When in doubt: Ask permission or seek legal guidance

Understanding these laws helps you make informed decisions about recording while respecting others’ privacy rights and staying on the right side of Oregon law.

This information is for educational purposes only and should not be considered legal advice. Recording laws can be complex and may involve federal regulations beyond Oregon state law. For specific legal situations, consult with a qualified attorney.