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

In Oregon, silent video recording is generally legal and falls outside ORS 165.540. Adding audio to video of an in-person conversation requires notifying all participants under ORS 165.540. Separately, ORS 163.700 prohibits recording video in bathrooms, dressing rooms, and similar private spaces regardless of whether audio is captured.

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), unless an exception applies, such as the ORS 165.540(3) exemption for subscribers and their family recording in their own homes
• If the recording captures a telephone call (a telecommunication), one-party consent applies under ORS 165.540(1)(a)
• A video call is not a telecommunication: since 2021, ORS 165.535 defines it as a conversation, so recording it secretly risks a Class A misdemeanor under ORS 165.540(1)(c). The narrow ORS 165.540(6)(b) exception lets a participant (or someone with a participant's consent) record without telling everyone only to capture alleged unlawful activity, and only if the person is working with law enforcement, an attorney, or a regulator, or reasonably believes the recording may be used as evidence in a court or administrative proceeding. Separately, ORS 165.540(6)(a) covers a private video meeting where everyone knew or reasonably should have known it was being recorded

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 make a photograph, motion picture, videotape, or other visual recording of another person's intimate area (nudity, or undergarments worn under clothing) without consent when the person has a reasonable expectation of privacy concerning that area. It also covers being in a location to observe a person in a state of nudity, for a sexual purpose, where they expect 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 recording captures the other person in a state of nudity, made without consent in a place where the person has a reasonable expectation of privacy; "nudity" means any part of the uncovered or less than opaquely covered genitals, pubic area, or female breast below the top of the areola, so full nudity is not required
• The person recording has a prior conviction for invasion of personal privacy, public indecency, private indecency, or a sex crime (or an equivalent offense in another jurisdiction)

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 can trigger ORS 165.540's notification requirements for in-person conversations, subject to the home exemption in ORS 165.540(3) discussed below
• 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 can pick up in-person conversations at your door, ORS 165.540(1)(c) is the starting point. Do not rely on the unconcealed device exception in ORS 165.540(6)(a): it covers public meetings and events, classes, and private conferences, not ordinary doorstep conversations, and a camera being visible is not the same as specifically informing someone.

For a camera at your own home, ORS 165.540(3) exempts subscribers and members of their family who record in their homes. In State v. Rainey (2018), the Oregon Court of Appeals held that this exemption turns on where the recording is made, not where the conversation happens, and applied it to an argument outside a house recorded from inside. But the statute does not define who counts as a subscriber, whether a camera mounted outside the door records "in the home" is unsettled, and the exemption does not help a business camera.

Best practices for doorbell cameras in Oregon:

• A visible camera deters crime, but visibility alone does not satisfy Oregon's notice rule
• 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, except that ORS 163.700 bars recording a person's intimate area without consent, including up-skirt recording
• 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. The U.S. Supreme Court denied certiorari on October 6, 2025, making this constitutional ruling final. You cannot secretly record conversations with audio in a park, a cafe, or a restaurant, even though those are public locations; the court upheld the notice requirement as applied to Project Veritas's planned secret recordings in "public places such as cafes and parks." As the concurring opinion put it, under the statute it generally does not matter where a conversation occurs, but the majority did not decide edge cases such as recording a loud argument on the street: it only assumed, for the sake of argument, that such applications might be unconstitutional, and said those must be handled case-by-case.

Filming Events and Gatherings

The unconcealed device exception under ORS 165.540(6)(a) 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 does not create a blanket one-party-consent rule for video conferencing. A video call is treated as a "conversation" under ORS 165.540(1)(c), the same all-party notification rule that applies to an in-person conversation. This means:

• Secretly recording a Zoom, Microsoft Teams, Google Meet, or similar call without telling every participant risks a Class A misdemeanor
• A narrow exception under ORS 165.540(6)(b) allows a participant in a video call (or someone with a participant's consent) to record it without notifying every participant only when the person does so with the intent to capture alleged unlawful activity, and is a law enforcement officer or acting in coordination with one, is acting in coordination with an attorney or a regulator, or reasonably believes the recording may be used as evidence in a judicial or administrative proceeding
• A separate exception under ORS 165.540(6)(a) covers video-conferenced proceedings that fall into specific categories: public or semipublic meetings, regularly scheduled classes, and private meetings or conferences where everyone involved knew or reasonably should have known the call was being recorded

Many video conferencing platforms display a recording indicator to all participants by default. If everyone sees that notice, the ORS 165.540(6)(a) exception for private meetings may apply. A participant who joins late or misses the banner may not have known, though, so saying out loud that you are recording is still the safest practice.

Third-Party Recording of Video Calls

Using a third-party tool instead of the platform's built-in feature does not change the rule: an ordinary video call is a conversation under ORS 165.540(1)(c), so you must specifically inform every participant unless an exception applies. The private-meeting exception in ORS 165.540(6)(a) turns on whether everyone knew or reasonably should have known about the recording, and an external screen recorder usually shows the others no notice, so with a third-party tool you should tell everyone out loud before you start.

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 categories listed in ORS 165.540(6)(a) (public meetings and events, classes, and private meetings where everyone knew or should have known of the recording), 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:

Oregon's recording statute does not give the person recorded a statutory damages claim. The civil action in ORS 133.739, with its minimum of $100 a day or $1,000, applies only to violations of ORS 133.724 and 133.737, the court-ordered law enforcement interception provisions. A person recorded in violation of ORS 165.540 may still have other invasion-of-privacy remedies, which ORS 133.739(3) leaves in place.

Invasion of Privacy Violations (Visual Recording)

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

Evidentiary Consequences

Under ORS 41.910, the contents of audio intercepted in violation of ORS 165.540 are generally inadmissible in Oregon court proceedings. The statute allows them as evidence of the unlawful interception itself, and for police body-camera footage where the officer substantially complied, or tried in good faith to comply, with the announcement rule.

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

Back to Oregon Recording Laws

More Oregon Recording Topics

• Oregon Biometric Privacy Laws
• Surveillance Camera Laws

More Oregon Laws

• Oregon AI Meeting Recording Laws
• Oregon Dashcam Laws
• Oregon Data Privacy Laws
• Oregon Deepfake Laws
• Oregon Employee Monitoring Laws
• Oregon GPS Tracking Laws
• Oregon Police Bodycam Laws
• Oregon Smart Glasses Recording Laws

Frequently Asked Questions

Can I record video in Oregon without audio?

Yes, in most situations. Silent video recording is not covered by Oregon's wiretapping statute ORS 165.540. However, you cannot record video in private areas where people have a reasonable expectation of privacy, such as bathrooms, dressing rooms, or locker rooms, under ORS 163.700.

Is it legal to have security cameras with audio in Oregon?

Security cameras that capture audio of in-person conversations generally trigger the all-party notification requirement under ORS 165.540(1)(c), so outside your own home everyone whose conversation is recorded must be specifically informed. For a camera at your own home, ORS 165.540(3) exempts subscribers and their family members who record in their homes, but the statute does not define who counts as a subscriber, so posting notice or turning audio off remains the cautious choice. Video-only security cameras do not trigger this requirement.

Can I record a Zoom call in Oregon?

Only if every participant is specifically informed first, or a narrow exception applies. Oregon treats a Zoom call as a conversation under ORS 165.540(1)(c), so secretly recording it risks a Class A misdemeanor. ORS 165.540(6)(a) exempts a private video meeting where everyone knew or reasonably should have known it was being recorded, such as when the platform shows all participants a recording notice. ORS 165.540(6)(b) exempts a participant (or someone with a participant's consent) who intends to capture alleged unlawful activity and is a law enforcement officer, is coordinating with law enforcement, an attorney, or a regulator, or reasonably believes the recording may be used as evidence in a judicial or administrative proceeding.

What are the penalties for video voyeurism in Oregon?

Invasion of personal privacy in the second degree under ORS 163.700 is a Class A misdemeanor with up to 364 days in jail and a $6,250 fine. If the recording shows the person in a state of nudity (any uncovered genitals, pubic area, or female breast below the top of the areola) in a private place, or the person recording has a prior conviction for invasion of privacy, indecency, or a sex crime, the charge rises to a Class C felony under ORS 163.701, carrying up to 5 years in prison and a $125,000 fine, with possible sex offender registration.

Can I use a doorbell camera in Oregon?

Yes, but doorbell cameras that record audio of conversations at your door may trigger the all-party notification requirement. The unconcealed device exception does not cover doorstep conversations. A homeowner may be covered by the ORS 165.540(3) home exemption, which State v. Rainey (2018) applied based on where the recording is made, but who counts as a subscriber is unsettled. Signs help but may not satisfy the notice rule, so disabling the audio feature is the safest choice if notification is impractical.