Is it legal for my employer to have employees under audio surveillance? Oregon

UPDATED: Sep 30, 2022

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Is it legal for my employer to have employees under audio surveillance? Oregon

My co-workers and I just found out that there’s
a microphone on one of our security cameras
and that’s it is indeed active. It’s a bar, so we
are used to cameras, but the audio recording
seems like it’s over the line. We were never
given any papers to sign that would have
included a consent form.

Asked on August 6, 2017 under Employment Labor Law, Oregon


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In OR, when it comes to audio surveillance the law is that at least 1 party to a conversation must agree to its recording and in your case that does not appear to be the case. However, the recording is probably legal since there is an exception to the foregoing. No consent to a recording is needed if it takes occurs in a public place, since there can be no "expectation of privacy". Therefore, such recordings appear to be legal. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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