Recording Law for Family Law in Oregon

Oregon makes it illegal to record an in-person conversation unless every person taking part in that conversation knows they’re being recorded. This is called an "all-party notice" rule. The law says: "It is unlawful to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained." This applies even if the conversation happens in a public place like a park or a café. The rule comes from Oregon Revised Statutes 165.540(1)(c).

Oregon treats phone calls and video calls differently. For a regular phone call, a participant who records the call does not violate the law even without telling the other person. This is because Oregon’s wiretapping statute only restricts a person who is not a participant from obtaining the call, and a participant who records their own phone call falls outside that restriction. But video calls—like Zoom, FaceTime, or Teams—are treated like in-person conversations. You must tell everyone on the call that you’re recording. A 2021 law change moved video calls into the same category as face-to-face talks by adding video-conferencing communications to the definition of "conversation" in ORS 165.535(1), so the all-party notice rule of ORS 165.540(1)(c) applies to video calls.

If you record only video or take photos without capturing audio, Oregon law does not restrict you. The state’s wiretapping law focuses on audio recordings, not images. So filming someone with your phone or smartglasses—without sound—is allowed anywhere, including public places. This means you can record a custody exchange or argument with video only without needing to tell the other person.

You can openly record an on-duty police officer from a lawful place if the recording is made openly and is audible to normal unaided hearing, and the device is in plain view. But secretly recording an officer is a crime in Oregon, even if the officer is in public. The law’s exception for open recording is limited to recordings made openly and audibly under ORS 165.540(5)(b), which permits recording an on-duty peace officer if the recording is made openly, is audible to normal unaided hearing, and is from a lawful vantage point.

If you are a subscriber to a phone or internet service or a member of that subscriber’s family who lives in the home, you can record conversations inside your own home without telling anyone. This includes conversations between family members, guests, or even people outside your home if you can hear them from inside. The law says: "The prohibitions in subsection (1)(a), (b) or (c) of this section do not apply to subscribers or members of their family who perform the acts prohibited in subsection (1) of this section in their homes." This has been confirmed by Oregon courts in cases like State v. Evensen and State v. Rainey.

Imagine you’re picking up your child for a scheduled visit at a public park. Your ex shows up angry and starts yelling. You’re wearing smartglasses and want to record what happens. If you only record video, you’re fine—no notice needed, because Oregon’s wiretapping statute regulates audio only and does not restrict silent video-only recording or photography. But if your glasses also capture audio, Oregon law says you must tell your ex you’re recording before you start. If you don’t, you could face a Class A misdemeanor charge under ORS 165.540(9). If the exchange happens at your own home and you are a subscriber to a phone or internet service or a member of that subscriber’s family living there, you can record both audio and video without notice because of the home exception in ORS 165.540(3).