Oregon interception and recording of communications law
ORS 165.540 (recording consent)
Communications
Oregon is one-party consent for telephone and radio communications but requires that all participants be specifically informed before an in-person conversation is recorded with a device. It also bars using or disclosing unlawfully obtained communications, with exceptions for open recordings of public meetings, classes, police officers performing duties, and certain video-conference recordings.
- Where
- Oregon
- Citation
- ORS 165.535 to 165.545; civil remedy ORS 133.739
- Status
- In force
- Enforced by
- District attorneys and Oregon Attorney General (criminal); private civil actions under ORS 133.739
- People can sue
- Yes
- Penalties
- Class A misdemeanor (ORS 165.540(9); 165.543). Civil action under ORS 133.739 for interception, disclosure or use in violation of ORS 133.724 or 133.737: actual damages but at least $100 a day or $1,000, whichever is greater, plus punitive damages and attorney fees.
- Applies to
- Any person recording or intercepting telecommunications, radio communications, or in-person conversations in Oregon
Practices it requires
- Do not obtain a telecommunication or radio communication you are not a party to unless at least one participant consents.ORS 165.540(1)(a)
- Do not record an in-person conversation with a device unless all participants are specifically informed, subject to listed exceptions (public meetings, classes, open recordings of officers on duty, felonies endangering life).ORS 165.540(1)(c), (5)-(6)
- Do not use or divulge a communication known to have been unlawfully obtained, except for non-participants where the matter is of public concern.ORS 165.540(1)(d)-(e), (8)
- Do not willfully intercept a wire or oral communication without the prior consent of any party.ORS 165.543(1)
Sources
- Official text
- ORS 165.535 to 165.545 (ORS chapter 165, 2025 edition)
- ORS 133.721 to 133.739 (ORS chapter 133, 2025 edition)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Effective date of the most recent amendment (2023 c.234, video-conferencing exception) not fetched. | Whether ORS 133.739 reaches every violation of ORS 165.540 (as opposed to ORS 133.724/133.737) was not confirmed.
Research reference, not legal advice.