Georgia Recording Law Summary:
Is Georgia a One Party Consent State?
Georgia recording law stipulates that it is a one-party consent state. In Georgia it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication.
This means that in Georgia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ga. Code Ann. § 16-11-66(a).
However, there is one caveat which states that minors can have their electronic and phone communications legally intercepted by their parents without any prior consent.
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You may not record conversations that you are not a part of without the consent of at least one party.
Trespassing on private property with the intention to eavesdrop or covertly spy on an individual is also forbidden under state law. Ga. Code Ann. § 16-11-62(3).
If you are a third party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
- Getting verbal or written consent prior to the recording being made.
- A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
- An audible beep tone being repeated at steady intervals during the duration of the conversation.
Georgia Video Recording Laws
It is against the law to use any device to photograph or record a person’s activities which occur in a private place and out of public view, without the consent of that person or any other person being recorded. For example, if you have a security camera, you are not allowed to record or surveil your neighbor while he or she is in the backyard because that is a private place. Ga. Code Ann. § 16‐11‐62(2)
However, it is legal for occupants and owners of properties to use any device to record, observe or photograph the activities of persons who are on the property or in areas where there is no reasonable expectation of privacy for the following purposes:
- Crime detection.
- Crime prevention.
Ga. Code Ann. § 16‐11‐62(2)(B)
Ga. Code Ann. § 16-11-69: Persons who violate Georgia’s recording laws may be found guilty of a felony and upon conviction may be punished by imprisonment of 1-5 years or a fine not exceeding $10,000, or both.
For info on the legality of the Trump recordings click here.
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