Portland, OR asked in Landlord - Tenant for Oregon

Q: In oregon, can I record my landlord in my bedrooms, kitchen, and livingroom without their knowledge or permission?

To clarify, I'm asking about video recording with audio.

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1 Lawyer Answer
Calvin A. Knickerbocker III
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Answered
  • Beaverton, OR
  • Licensed in Oregon

A: In Oregon, the law regarding recording conversations or activities in private areas like bedrooms, kitchens, and living rooms without the consent of all parties involved is complex due to recent legal developments:

General Law: Oregon law traditionally required the consent of all parties for recording oral conversations. This was based on Oregon Revised Statutes (ORS) which could be interpreted to need all-party consent for recording in-person conversations.

Recent Legal Change: However, a significant ruling by the 9th Circuit Court of Appeals in July 2023 invalidated Oregon's ban on surreptitious recordings of conversations under certain conditions. This ruling suggested that Oregon's law, which required consent of all parties for recording in-person conversations, was unconstitutional because it was deemed a content-based speech restriction that did not survive strict scrutiny. This implies that in public or where there's no reasonable expectation of privacy, recording might not require all-party consent.

Private Areas: Despite this ruling, when it comes to private areas like your home (bedrooms, kitchen, living room), where there is a reasonable expectation of privacy, the situation might still lean towards requiring all-party consent. This is because these areas are typically considered private, where individuals expect privacy.

Landlord-Tenant Context: If you're considering recording your landlord in these private spaces without their knowledge or consent, you're entering legally murky waters. While the 9th Circuit's decision might embolden one-party consent in more public or less private settings, the expectation of privacy in your home could still legally protect your landlord from being recorded without consent.

Practical Advice: Given the complexity and the evolving nature of this law:

Consult Legal Counsel: Before setting up any recording devices, consulting with a legal expert familiar with updated privacy implications. They can provide advice tailored to your specific situation, considering the latest legal interpretations.

Consider the Context: If your intent is to document interactions for legal protection (like in cases of harassment or illegal activities), you might want to ensure you're also protecting your legal rights.

Open Recording: If feasible, openly recording (where all parties are aware) could be a safer approach, though this might not always be practical or desirable.

In summary, while there's been a shift towards allowing one-party consent for recordings in Oregon due to the 9th Circuit's ruling, when it comes to recording in private spaces like your home, the traditional requirement for all-party consent might still apply due to the expectation of privacy. Always consider getting specific legal advice for clarity in such scenarios.

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