Can someone record a conversation.

Can someone record a conversation without the other person knowing they are being recorded, and if not can I take legal actions.

Hermiston, OR -

Attorney Answers (1)

Jay Bodzin

Jay Bodzin

Family Law Attorney - Milwaukie, OR

Under Oregon law, it is not legal to record an in-person conversation unless all the parties to the conversation are informed of and consent to the recording. (You can effectively consent by continuing the conversation, or remaining in the place where the recording is done, for example in a store which is under surveillance.) However, it is legal to make a recording of a telephone conversation, if you're one of the participants in the call, without the other person you're talking to knowing about the recording.

If someone records you without your consent, you can call the police (non-emergency number, please; 911 is reserved for threats of imminent physical harm) and report it. Whether the police will take action is up to them. No private citizen can legally compel (or refuse) a criminal prosecution.

You probably couldn't sue someone who recorded you illegally on that basis alone. To successfully sue someone, you need to be able to demonstrate how their conduct caused you a specific harm. However, if you were already involved in a lawsuit against someone, you might be able to exclude the recording from being used as evidence against you.

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Jay Bodzin is licensed to practice law in the State of Oregon and... more

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