Oregon Video Recording Laws: Surveillance, Privacy, and Consent Rules

Oregon's video recording laws involve two separate legal frameworks. The state's wiretapping statute, ORS 165.540, governs audio recording and applies its split consent framework whenever video captures sound. Oregon's invasion of personal privacy statutes, ORS 163.700 and ORS 163.701, address visual recording in private settings regardless of whether audio is captured.

This guide covers how both frameworks apply to video recording in Oregon in 2026, including surveillance cameras, personal video, body cameras, and video calls.

How Oregon Law Treats Video Recording

Silent Video vs. Video With Audio

The distinction between silent video and video with audio is critical in Oregon.

Silent video recording (no audio captured) is not governed by ORS 165.540. The wiretapping statute specifically addresses the interception of communications, meaning audio. A video camera that records only visual images does not "obtain" a conversation and therefore does not trigger the notification or consent requirements of the wiretapping law.

Video recording with audio falls under ORS 165.540's split consent framework:

• If the video captures an in-person conversation, all participants must be specifically informed under ORS 165.540(1)(c)
• If the video captures a telephone or electronic communication (such as a video call), one-party consent applies under ORS 165.540(1)(a)
• Video conferencing recordings made through the platform itself are exempt under ORS 165.540(6)(b)

The Privacy Statutes: ORS 163.700 and 163.701

Even without audio, video recording can be illegal in Oregon when it invades personal privacy. These statutes operate independently from the wiretapping law.

ORS 163.700 (Invasion of Personal Privacy in the Second Degree) makes it a Class A misdemeanor to knowingly record a photograph, motion picture, videotape, or other visual recording of another person in a state of nudity without consent when the person has a reasonable expectation of privacy. This includes:

• Recording in bathrooms, restrooms, and showers
• Recording in dressing rooms, locker rooms, and fitting rooms
• Recording in tanning booths and similar enclosed spaces
• Recording under or through clothing ("upskirting")
• Any visual recording of intimate areas where a person has a reasonable expectation of privacy

ORS 163.701 (Invasion of Personal Privacy in the First Degree) elevates the offense to a Class C felony when:

• The recorded images are disseminated, displayed, or used beyond the original recording
• The victim is under 18 years of age

A Class C felony in Oregon carries up to 5 years in prison and a fine of up to $125,000. The court may also designate this offense as a sex crime requiring registration under ORS 163A.005.

Video Surveillance Cameras in Oregon

Home Security Cameras

Oregon homeowners can install video surveillance cameras on their property. Key rules:

• Cameras can record your own property, including your yard, driveway, porch, and entryways
• Cameras should not be aimed to record inside a neighbor's home or private spaces
• Adding audio recording to outdoor cameras triggers ORS 165.540's notification requirements for in-person conversations
• Indoor cameras in your own home are generally permitted, but you must consider the privacy rights of guests and household members

Business Surveillance

Businesses in Oregon can use video surveillance cameras for security, loss prevention, and safety monitoring. Guidelines include:

• Cameras are permitted in common areas such as sales floors, lobbies, parking lots, and warehouses
• Cameras must never be placed in bathrooms, changing rooms, break rooms used for changing, or other areas where people have a reasonable expectation of privacy
• If cameras capture audio, the all-party notification requirement under ORS 165.540(1)(c) applies to in-person conversations within range
• Businesses should post visible signage indicating that video surveillance is in use
• Employees should receive written notice of surveillance policies

Doorbell Cameras

Doorbell cameras like Ring and Nest Hello are widely used in Oregon. These devices typically capture both video and audio. Because the audio component records in-person conversations at your doorstep, the all-party notification requirement technically applies. However, the unconcealed device exception in ORS 165.540(2) may apply when the doorbell camera is clearly visible.

Best practices for doorbell cameras in Oregon:

• Choose a visible installation that makes it obvious a camera is present
• Post signage near the doorbell indicating audio and video recording
• Review your device's audio recording settings and consider disabling audio if notification is impractical
• Be aware that recordings of conversations with delivery drivers, solicitors, or neighbors may trigger the notification requirement

Recording Video in Public Places

General Rules for Public Video Recording

You have a broad right to record video in public places in Oregon. The First Amendment protects the right to film in areas open to the public, including streets, sidewalks, parks, government buildings (in public areas), and businesses open to the public.

However, Oregon's split consent framework adds a layer of complexity:

• Silent video in public: Generally legal without restriction
• Video with audio capturing in-person conversations in public: Requires all-party notification under ORS 165.540(1)(c), even in a public setting

The Ninth Circuit's January 2025 en banc ruling in Project Veritas v. Schmidt confirmed that Oregon's notification requirement extends to public spaces. You cannot secretly record conversations with audio in a park, on a sidewalk, or in a restaurant, even though those are public locations.

Filming Events and Gatherings

The unconcealed device exception under ORS 165.540(2) permits recording at public and semipublic events when the recording device is not hidden. This includes:

• Public meetings and government hearings
• Press conferences and public speeches
• Rallies, protests, and demonstrations
• Sporting events
• Regularly scheduled classes and seminars

At these events, you can record video with audio using a visible camera without individually notifying each person present.

Video Calls and Conferencing

Oregon's Video Conferencing Exception

Oregon law includes a specific provision for video conferencing. Under ORS 165.540(6)(b), recordings obtained through a video conferencing program are not subject to the in-person all-party notification requirement. This means:

• You can use Zoom, Microsoft Teams, Google Meet, and similar platform recording features without notifying all participants under the in-person rule
• The one-party consent standard for electronic communications applies instead
• Built-in recording features and platform-native transcription tools fall under this exception

Many video conferencing platforms display a recording indicator to all participants by default. While Oregon law does not require this notification for electronic communications, the platform's own notification serves as a practical safeguard.

Third-Party Recording of Video Calls

If you use a third-party tool (not the platform's built-in feature) to record a video call, the legal analysis may differ. The ORS 165.540(6)(b) exception specifically covers recordings "obtained through" the video conferencing program. A screen recorder or external capture tool might not fall squarely within this exception, though the broader one-party consent rule for electronic communications would still apply.

Body Cameras and Wearable Video Devices

Personal Body Cameras

Wearing a body camera or smart glasses with video capability in Oregon follows the same split consent framework:

• Silent video only: Generally legal in public spaces
• Video with audio capturing in-person conversations: Requires all-party notification

Simply wearing a visible camera does not satisfy the notification requirement for private conversations. The unconcealed device exception applies to the specific categories of events listed in ORS 165.540(2), not to everyday interactions.

Law Enforcement Body Cameras

Oregon law enforcement officers increasingly use body-worn cameras. The Oregon Department of Public Safety Standards and Training provides guidance on body camera policies. Law enforcement recordings are governed by both ORS 165.540's law enforcement exceptions and individual department policies.

Citizens have the right to make their own video recordings of police officers performing their duties in public, independent of whether officers are using body cameras.

Penalties for Illegal Video Recording in Oregon

Wiretapping Violations (Video With Audio)

Recording video with audio in violation of ORS 165.540 is a Class A misdemeanor:

Penalty	Maximum
Jail time	Up to 364 days
Fine	Up to $6,250
Probation	Up to 5 years

Civil remedies under ORS 133.739 include actual damages (minimum $100/day or $1,000), punitive damages, and attorney fees.

Invasion of Privacy Violations (Visual Recording)

Offense	Classification	Maximum Penalty
ORS 163.700 (Second Degree)	Class A misdemeanor	364 days jail, $6,250 fine
ORS 163.701 (First Degree)	Class C felony	5 years prison, $125,000 fine

First-degree invasion of personal privacy may also result in sex offender registration requirements under Oregon law.

Evidentiary Consequences

Under ORS 41.910, video recordings that include illegally intercepted audio are inadmissible in Oregon court proceedings.

Oregon Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

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