Employee Monitoring Law Planner
Sources

Oregon obtaining contents of communications (ORS 165.540)

Law. Placed at Oregon. Read 30 Sep 2026; 3 provisions cited by the planner.

What does ORS 165.540 and 165.543 require?

A person must not obtain, or try to obtain, any part of a telecommunication or radio communication to which the person is not a participant, by any device, contrivance, machine or apparatus, unless at least one participant consents. Also cited: 165.540(1)(c), in-person and video-conference conversations: specifically inform all participants before obtaining them; 165.543, do not intercept wire or oral communications as a non-party when no party has consented.

ORS 165.540(1)(a)Phone and radio communications: a non-participant may obtain them only with at least one participant's consent

A person must not obtain, or try to obtain, any part of a telecommunication or radio communication to which the person is not a participant, by any device, contrivance, machine or apparatus, unless at least one participant consents. A participant may therefore record their own call, and a business may monitor calls where one participant, such as its employee, consents. Violation is a Class A misdemeanor.

What a reviewer asks to see: Record of the participant consent relied on for call monitoring by non-participants (for example agents' signed acknowledgement of quality monitoring); List of monitoring tools and who listens, showing each listener is a participant or has a participant's consent
Where monitoring plans usually fall short: Third-party listeners on calls with no participant's consent; Assuming the one-party rule also covers video meetings (it does not: see 165.540(1)(c))
Source: Oregon obtaining contents of communications (ORS 165.540), read 30 Sep 2026
ORS 165.540(1)(c)In-person and video-conference conversations: specifically inform all participants before obtaining them

A person must not obtain, or try to obtain, any part of a conversation by any device, contrivance, machine or apparatus unless all participants are specifically informed that their conversation is being obtained. This covers in-person meetings and, since the 2021 amendment, conversations through a video conferencing program; a participant is not exempt. Exceptions include recording during a felony endangering human life, openly recording an on-duty officer, and (165.540(6)) recording public or semipublic meetings, classes, or private meetings where all others knew or reasonably should have known of the recording, if the device is unconcealed or the conversation is through a video conferencing program. Violation is a Class A misdemeanor.

What a reviewer asks to see: Meeting and video-call recording settings that display a recording notice to every participant, with an announcement at the start; Policy requiring participants in recorded in-person meetings to be told specifically, with the notice captured on the recording; Inventory of AI note-takers and meeting recorders used with Oregon participants
Where monitoring plans usually fall short: AI note-taker records a video meeting without participants being specifically told; Hidden recorder used in an in-person meeting; Reliance on the one-party telephone rule for video calls
Source: Oregon obtaining contents of communications (ORS 165.540), read 30 Sep 2026
ORS 165.543Do not intercept wire or oral communications as a non-party when no party has consented

Except under ORS 133.724 or 165.540(2)(a), a person must not wilfully intercept, try to intercept, or procure another to intercept a wire or oral communication where the person is not a party and none of the parties has given prior consent. Violation is a Class A misdemeanor. Terms follow ORS 133.721.

What a reviewer asks to see: Record of the party consent relied on for each monitoring programme run by people who are not parties
Where monitoring plans usually fall short: Monitoring by IT or security staff with no party's consent
Source: Oregon obtaining contents of communications (ORS 165.540), read 30 Sep 2026

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