UIS, with advice from the Office of Legal Affairs, has developed the following guidelines for the use of recording apps, software or devices. The purpose of these guidelines is to protect the privacy of people who might be recorded, and to protect those doing recording from unintended legal exposure.
Statutory Considerations
Oregon Statute 165.540, generally prohibits recording a conversation without the consent or knowledge of all participants, with limited exceptions. One relevant exception applies to “regularly scheduled classes or similar educational activities” but only if the recording device is unconcealed. A multipurpose digital device (such as laptop or smartphone) that is recording may not count as unconcealed for purposes of the statute. This rule applies to in-person meetings, video meetings and phone calls.
Guidelines
It is always best to verbally inform all participants in a meeting, class session, conversation, etc. whenever you are about to start recording. If anyone objects, it is important to stop and determine whether that person will opt out of attending the meeting, will opt out of speaking during the meeting, or whether you will make the decision not to record. Which of these is a valid option is dependent on the type or meeting and relevant policies or handbook language.
Apps, like Zoom, that make a verbal announcement when recording begins, and that also notify people who enter a meeting after recording has started, fulfill the requirement of a verbal notification.
Another option, for classes, is to put in the class syllabus language to inform students that they may be recorded, and to follow this up with a verbal announcement at the start of the course. This can be a good option when the reason someone needs recordings of class sessions is, itself, something we want to keep private.
Questions?
Contact UIS for technical questions about making recording.
Contact the Office of Legal Affairs if you have concerns about the legality of a recording.
Contact Marketing & Communications for photo and video releases and best practices for recording at public events.