Georgia’s Laws on Taping Phone Calls and In-Person Conversations

Ga. Code Ann. § 16-11-62: Secretly recording or overhearing a conversation held in a private place, whether carried out orally or by wire or electronic means, is criminally punishable as a felony under statutory provisions regarding invasions of privacy. However, the law expressly provides that it does not prohibit a person who is a party to a conversation from recording and does not prohibit recording if one party to the conversation has given prior consent. Ga. Code Ann. § 16-11-66.

Interception of a private cellular telephone conversation without the consent of at least one of the parties is a misdemeanor. Barlow v. Barlow, 526 S.E. 2d 857 (2000).

A civil action for wiretapping offenses is authorized. Tapley v. Collins, 41 F. Supp.2d 1366 (S.D. Ga. 1999), rev’d on other grounds, 211 F.3d 1210 (11th Cir. 2000).

Use of a hidden camera "without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view" is illegal.  Ga. Code Ann. § 16-11-62(2).

For information on other states’ laws on the subject, see the website, "Can We Tape?"