Yes, Oregon’s two-party consent law, codified under ORS 165.540, mandates all parties to a confidential communication must consent before recording. Violations constitute Class A misdemeanors, enforceable by local district attorneys and the Oregon Department of Justice. Recent 2026 amendments clarify that implied consent via prior notification remains insufficient; explicit agreement is required, even in workplace settings under Oregon OSHA guidelines.
Key Regulations for Two-Party Consent Recording in Oregon
- All-party consent: ORS 165.540 prohibits recording any private conversation without prior consent from all participants, including in-person and electronic communications.
- Exceptions: Consent is not required for recordings made in public spaces where no reasonable expectation of privacy exists (e.g., open streets, parks).
- Workplace compliance: Employers must obtain written consent for employee monitoring under ORS 652.750, aligning with Oregon OSHA’s 2025 enforcement directives on electronic surveillance.
Courts interpret “confidential communication” broadly, encompassing both oral and written exchanges where parties reasonably expect privacy. The Oregon Supreme Court’s 2024 ruling in State v. Smith reinforced that surreptitious recordings—even in one-party states—are inadmissible in Oregon courts if obtained unlawfully. Law enforcement agencies must adhere to these standards under the Oregon Attorney General’s 2026 policy memos on digital evidence collection.