Call Recording Laws in Oregon 2025
Last Updated: February 17, 2025
Oregon’s call recording laws operate under a mixed consent model. For telephone and other electronic communications, only one party’s consent is needed to record the conversation. However, when it comes to in-person conversations, particularly those where there is a reasonable expectation of privacy, all parties must provide consent. This article explains Oregon’s consent requirements, outlines the potential penalties for illegal recordings, and offers practical tips for compliance.
Overview of Oregon Call Recording Law
Oregon law distinguishes between electronic communications and in-person conversations. According to the Oregon Revised Statutes §§ 165.535 and 165.540, if you are a party to a telephone or electronic conversation, your consent is sufficient to record the call. However, for in-person conversations held in private settings where confidentiality is expected, all parties must consent to the recording.
Is It Legal to Record a Call in Oregon?
Yes, recording a call in Oregon is legal if you are an active participant and you have the necessary consent. For electronic communications, one-party consent applies. For confidential in-person communications, you must obtain consent from every party involved.
Oregon Mixed Consent
Oregon’s approach is considered "mixed consent." This means that while you can legally record electronic conversations with only your own consent, the law requires all parties to consent when recording in-person conversations in private settings. It’s important to assess the nature of the conversation to determine which standard applies.
Penalties for Illegal Recording in Oregon
Violating Oregon’s recording laws can have serious consequences. Unauthorized recording, especially of in-person conversations without the consent of all parties, can result in criminal charges, fines, and potential imprisonment. Additionally, those whose privacy has been violated may pursue civil action.
Federal vs. Oregon Law
Federal law under 18 U.S.C. § 2511 requires one-party consent, which aligns with Oregon’s standard for electronic communications. However, because Oregon’s law mandates all-party consent for confidential in-person conversations, if your call involves participants from multiple jurisdictions, it is safest to secure consent from all parties to ensure full legal compliance.
Frequently Asked Questions
Is Oregon a one-party consent state?
For electronic communications, yes. In Oregon, if you are a participant in a telephone or electronic conversation, your consent alone is sufficient. However, in-person conversations held in private settings require all-party consent.
Can I record calls in Oregon without informing the other party?
Yes, for electronic communications. But if the conversation is in-person and confidential, you must inform and secure consent from all participants.
What are the penalties for illegal recording in Oregon?
Illegal recording in Oregon can lead to criminal charges, fines, imprisonment, and civil liability if recordings are made without proper consent.
How do Oregon laws interact with federal recording laws?
Federal law permits one-party consent, which applies to electronic communications. However, for in-person confidential conversations in Oregon, all-party consent is required.
Additional Resources
For more details, refer to Oregon Revised Statutes §§ 165.535 and 165.540 or visit our Call Recording Laws by State guide.
The information in this article is intended as a general guide and should not be taken as legal advice. For legal advice, please consult a lawyer.
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