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Can I Record Someone Without Permission in Oregon?

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There isn't a straightforward answer to this question. In Oregon, the answer depends on a few things: 

  • Where the recording takes place. 
  • Who is recording. 
  • How the recording is made. 

Key points

  • Recording laws are different in every state. 
  • If you want to record someone to collect evidence for the police or a legal case, talk to a lawyer first. They can help you understand the laws and how to gather evidence correctly. 
  • Do not record people engaging in intimate or personal activities without their permission. This is usually illegal. 
  • Police can usually record your interactions if they do it as part of their job. 
  • You can usually be recorded in public places like stores, events, and government buildings. 
  • You usually can't be recorded in places where most expect privacy, such as bathrooms or changing rooms, or during intimate acts like using the bathroom or having sex. 

Can I record people in my own home? 

Yes, in most cases, you can record video and audio in your own home without telling others or getting their permission. Others can also record you in their homes without your permission or knowledge. 

There is one important exception: You can't record people in places where someone might be naked or where privacy is expected, such as a bathroom or bedroom. For example, you cannot record someone showering or a guest changing clothes in your home. 

Can I record the area outside my home? 

It depends. If the recording captures people's conversations, you will most likely need everyone's permission. 

If the recording does not include sound, you can record the area around your home without permission. However, do not point cameras into places where people might expect privacy, such as your neighbor's backyard or bedroom. This is usually illegal. 

Can I record phone calls without permission? 

Yes, as long as you are part of the phone call. It only takes one person to consent to a call being recorded.

Can I record the police? 

Yes, you can record law enforcement if all three of these conditions are met: 

  1. You are in a place where you are allowed to be, 
  2. The officer is on duty, and 
  3. It is clear that you are recording. 

Can someone record my phone calls without my permission? 

Yes, the other person on the call can record your conversation without telling you. Police or phone companies may also record your calls without telling you if they are doing this as part of their job. 

However, you can't be recorded by someone who isn't on the call (unless it's the police or a phone company) without someone on the call giving permission.

Can someone record my in-person conversations without my permission? 

It depends on who's recording you and where you are being recorded.

  • Regular people, like friends or co-workers, cannot record you without your permission, unless you are in their home. 
  • Uniformed police officers can record you with body cameras or cameras on their vehicles. They can also record interviews with you after you have been arrested. 
  • If you are in a public place where privacy is not expected, such as a public meeting or concert, you may be recorded. 
  • You can also be recorded at private meetings or gatherings if most people would not expect privacy there. 

Can my video be taken without permission?  

Yes, you can be video-recorded in most places, including private homes, on the street, in stores, or at your workplace. There are a few exceptions:

  • You cannot be recorded in areas where most people expect privacy, like bathrooms or changing rooms.
  • In public places, usually only silent video recordings are allowed without your permission, unless it's a place where most people do not expect their conversations to be private, such as a public meeting or speech. 

How can I stop someone from recording me? 

If someone records you while you are naked or involved in intimate acts, such as having sex or using the bathroom, you can report them to the police. This is most likely a crime.  

In most other situations, you can't stop someone from recording you. However, you can always:  

  • Ask the person to stop recording. 
  • Leave the conversation or situation if they do not stop. 
  • Stop talking or cover your face. 

If the situation continues, you can call a lawyer for help. A lawyer can help you understand whether you have more options. For assistance in finding a lawyer, you can call Oregon's Lawyer Referral Service