Bill Would Require Notification In Order To Record Video Call

May 17, 2021

Oregon lawmakers are considering a bill that would require people to inform everyone on a video call if they plan to record the call.

  

 

Rep. Nancy Nathanson, D-Eugene is in the lower left-hand box during this hearing of the Oregon Senate's Judiciary Committee. Her proposed bill would ban recording video conference calls unless other participants on the call have been notified.
Credit Screenshot from Oregon Legislature livestream

Oregon law bans people from secretly recording in-person conversations. But the law doesn’t apply to video conferencing platforms such as Zoom or Skype.

 

Rep. Nancy Nathanson, D-Eugene, is sponsoring a measure that would require someone who wants to record the video conversation to inform everyone else of this fact.

 

“In practical terms, the way it would work is someone would announce they are recording the meeting, and if you’re attending, and you’re not comfortable with that, you can just leave the meeting," she said. "Or you might stay in the meeting, but you would choose your words and gestures more carefully.”

The law would apply whether the person recording was using a built-in recording feature on the video conference platform, or whether they were using separate software or another device to record the conversation.

The measure contains an exception for people who record a call "with the intent to capture alleged unlawful activity."

The bill passed the House 53-0 and is scheduled for a vote in the Senate Judiciary Committee later this month.

 

It would not apply to traditional phone calls, which under Oregon law could still be recorded without the consent of both parties. That's something that happens with a degree of regularity, said Sen. Floyd Prozanski, D-Eugene, who chairs the committee.

 "If you're ever dealing with an insurance agent or a claims adjustor, figure that you're being recorded if you're on the telephone," said Prozanski. "If you're talking to an attorney who's calling representing someone else, they more than likely are going to have that recorded to see if they can get an admission out of you."