Georgia Recording Laws

Georgia Recording Law Summary:

Last Updated: January 2025 | Verified against current Georgia Code

Quick Answer

Georgia is a one-party consent state for audio recording. You can legally record any conversation you’re part of without telling other participants. However, Georgia has a unique rule for video: recording activities in private places requires consent from all persons observed, not just one party.

Key Point	Answer
Audio Consent Type	One-Party
Video in Private Places	All-Party Required
Can you record your own calls?	Yes
Must you inform others?	No (for audio)
Primary Statute	O.C.G.A. § 16-11-62
Maximum Fine	$10,000
Maximum Prison Time	5 years (felony)

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Understanding Georgia’s Recording Laws

The Legal Foundation

Georgia’s recording and eavesdropping laws are found in Title 16, Chapter 11, Article 3, Part 1 of the Official Code of Georgia Annotated. The key statute is:

• O.C.G.A. § 16-11-62 – Eavesdropping, surveillance, or intercepting communication which invades privacy of another; divulging private message

Under this statute, it’s unlawful to record private conversations in a clandestine manner without consent, unless at least one party to the conversation consents.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Georgia (for audio), only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like Florida and California require everyone in the conversation to agree to be recorded.

The Video Recording Exception

Important: While Georgia allows one-party consent for audio, video recording has stricter rules. Under O.C.G.A. § 16-11-62, recording activities in a private place out of public view requires consent from all persons observed. This is a significant difference from the audio rule.

Exceptions to the all-party video rule include:

• Security cameras on your own property
• Law enforcement acting in official capacity
• Recording in public places

Parental Recording Rights

Georgia law specifically allows parents to record their minor children’s communications. This can be helpful for monitoring online activity, phone calls, or other communications for safety purposes.

Recording Phone Calls in Georgia

Can You Record Phone Calls in Georgia?

Yes. Under O.C.G.A. § 16-11-62, you can record any phone call you’re participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

Recording Calls Across State Lines

If you’re in Georgia calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you’re recording calls with people in other states, either inform them or get all-party consent to be safe.

Business Call Recording

Georgia businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Georgia when:

• You’re participating in the conversation
• You’re in a public place where there’s no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)

When Is It Illegal?

It’s illegal to record conversations when:

• You’re not a party to the conversation and don’t have consent
• You’re recording in a clandestine manner in a private place
• You’re video recording activities in private places without all parties’ consent

What About Recording in Your Own Home?

You can record audio conversations in your own home if you’re participating. For video:

• You can use security cameras on your own property
• You cannot secretly video record guests in private areas (bathrooms, guest bedrooms)
• You cannot record intimate activities without consent

Georgia Video Recording Laws

Public Spaces

Georgia has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property and Places

The key distinction in Georgia law is between public and private places:

• Public places: One-party consent (or no consent needed)
• Private places out of public view: All-party consent required for video

Georgia also has voyeurism laws under O.C.G.A. § 16-11-62(2) that specifically prohibit using devices to observe or record someone’s private activities without consent.

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

Georgia employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes for audio. As a one-party consent state, you can record audio conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While audio recording is legal, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Georgia?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Georgia, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording Government Meetings

Georgia’s Open Meetings Act generally allows recording of public government meetings. You can record:

• City and county commission meetings
• School board meetings
• Public hearings
• State legislative proceedings

Specific Situations

Can I Record My Landlord in Georgia?

Yes (audio), if you’re part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Georgia?

Yes, you can audio record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record DFCS Workers?

Yes. Division of Family and Children Services (DFCS) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes (audio), during conversations you’re part of. This is common in custody disputes. However:

• Don’t record your children’s private conversations without being present
• Georgia law does allow parents to record their minor children’s communications
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in Georgia?

Yes. Dashcams are legal in Georgia. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in Georgia

Are Recordings Admissible in Court?

Recordings made legally under Georgia’s one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Georgia

Criminal Penalties (O.C.G.A. § 16-11-69)

Violating Georgia’s wiretapping and eavesdropping laws is a felony:

Penalty	Range
Prison time	1 to 5 years
Fine	Up to $10,000

What’s Prohibited

The following activities can result in felony charges:

• Intentionally overhearing, transmitting, or recording private conversations without consent
• Using devices to observe or record activities in private places without all parties’ consent
• Intercepting communications
• Divulging private messages

Civil Liability

Victims of illegal recording may also sue for:

• Invasion of privacy
• Intentional infliction of emotional distress
• Statutory damages under federal wiretapping laws
• Punitive damages in egregious cases

Frequently Asked Questions

Is Georgia a one-party consent state?

Yes, for audio recording. Georgia allows one-party consent for audio recordings. However, video recording in private places requires all parties’ consent.

Is Georgia a two-party consent state?

No, for audio. For video in private places, Georgia does require all-party consent.

Can I record a conversation without the other person knowing in Georgia?

Yes, for audio conversations you’re participating in. You can record without telling the other person.

Can I sue someone for recording me in Georgia?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation (audio) or you were video recorded in a private place without consent. If someone you were talking to audio recorded you, that’s legal in Georgia.

Do I need to tell someone I’m recording in Georgia?

No, for audio conversations you’re part of. For video in private places, you need all parties’ consent.

Can I record a Zoom call in Georgia?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in Georgia?

Illegal recording is a felony in Georgia, punishable by 1-5 years in prison and up to $10,000 in fines.

Can recordings be used in divorce court in Georgia?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Can I record my children’s phone calls in Georgia?

Yes. Georgia law allows parents to intercept their minor children’s communications.

Does Georgia have hidden camera laws?

Yes. O.C.G.A. § 16-11-62 requires all-party consent for video recording activities in private places out of public view.

Related Georgia Laws

• Georgia Car Seat Laws
• Georgia Child Support Laws
• Georgia Hit and Run Laws
• Georgia Lemon Law
• Georgia Sexting Laws
• Georgia Statute of Limitations
• Georgia Whistleblower Laws

Sources and Legal References

Source	Link
O.C.G.A. § 16-11-62 – Eavesdropping and Surveillance	Justia
Georgia Recording Laws – FindLaw	FindLaw
Reporters Committee Recording Guide	RCFP
Georgia Recording Laws – DMLP	Digital Media Law Project

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed Georgia attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent. Violations are felonies.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio. All-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code Ann. § 18-6702
Indiana	One-party consent.	Ind. Code Ann. § 35-33.5-5
Iowa	One-party consent.	Iowa Code Ann. § 808B.2
Kansas	One-party consent.	Kan. Stat. Ann. § 21-6101
Kentucky	One-party consent.	Ky. Rev. Stat. Ann. § 526.020
Louisiana	One-party consent.	La. Rev. Stat. Ann. § 15:1303
Maine	One-party consent.	Me. Rev. Stat. Ann. tit. 15, § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Ann. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.00
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.