Is it legal to record phone calls in Georgia?
Yes, generally. Georgia is a one-party consent state: you may record a phone call you take part in without telling the other person, because your own consent satisfies the rule. Recording calls you are not part of is illegal. When the other person may be in an all-party consent state like California or Florida, disclose the recording anyway.
What Georgia law says
Georgia follows one-party consent for phone calls, consistent with the federal Wiretap Act: as long as one participant — and you count — consents, the recording is lawful. The rule covers conversations you participate in; intercepting other people’s calls remains a crime. Bear in mind the rule protects you within Georgia — interstate calls can implicate stricter states’ laws, which is why professionals default to disclosure.
Georgia is a one-party consent state for audio but an all-party consent state for video in private places — a split the Georgia Supreme Court confirmed in State v. Cohen. Section 16-11-66(a) allows any party to a wire, oral, or electronic communication to intercept and record it without telling anyone else. Section 16-11-62 separately prohibits observing, photographing, or recording someone's activities in any private place and out of public view without the consent of all persons observed. Illegal recording under these statutes is a felony punishable by one to five years and up to $10,000 in fines.
"It shall be unlawful for: (1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place; … (2) Any person, through the use of any device, 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." — O.C.G.A. § 16-11-62. Exception: "Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party thereto or where one of the parties to the communication has given prior consent to such interception." — O.C.G.A. § 16-11-66(a).
Federal law under 18 U.S.C. § 2511(2)(d) permits one-party interception, aligning with Georgia's § 16-11-66(a) for audio. Federal law does not address Georgia's all-party video requirement in private places — Cohen's video prong is stricter than federal wiretap law for visual surveillance. A recording lawful under federal one-party principles can still violate § 16-11-62(2) when it captures video in a private place without everyone's consent.
Georgia's audio rule is straightforward one-party consent: if you are on the call or in the conversation, you may record without notice under § 16-11-66(a). Parents or guardians may also intercept a minor child's telephone conversations without consent when doing so is in the good-faith interest of the child's welfare (§ 16-11-66(d)). The video rule is not straightforward: § 16-11-62(2) requires every person observed in a private place out of public view to consent to being filmed, and State v. Cohen held the audio one-party exception does not extend to video surveillance — secretly filming a sexual encounter in a home, even as a participant, can be prosecuted under the all-party video prong. Public conversations and public places are different: clandestine recording of private conversations that originate in private places still requires one-party consent for audio, but video in open public view is generally not covered by subsection (2). Courts have allowed civil suits for illegal interceptions (Kemeness v. Worth Cty.).
| Consent rule for phone calls | One-party consent |
| Recording calls you're part of | Allowed — your own consent is sufficient. |
| Calls with people in other states | The stricter state's rule may apply — when in doubt, disclose. |
What breaking the law costs in Georgia
Violation of O.C.G.A. § 16-11-62 is a felony punishable by one to five years imprisonment, a fine of up to $10,000, or both (§ 16-11-69). Repeat or aggravated conduct can trigger additional charges.
Yes — Georgia courts have recognized civil claims for illegal interception. In Kemeness v. Worth Cty., the federal district court held plaintiffs may sue for violations of Georgia's eavesdropping statutes. Federal Title III damages may also apply to audio interceptions.
Exceptions worth knowing
- One-party audio consent: a party to the communication or anyone with one party's prior consent may intercept wire, oral, or electronic communications (§ 16-11-66(a))
- Parental interception of a minor child's phone calls for welfare purposes (§ 16-11-66(d))
- Security cameras on one's own curtilage for crime prevention under § 16-11-62(2)(C) — with limits on audio
- Law-enforcement interceptions under court order (§ 16-11-64 et seq.)
- Conversations in public where privacy expectations are diminished — audio still requires one-party consent if originating in a private place under subsection (1)
How Georgia courts have ruled
Statutes set the rule; cases show how it plays out when a recording ends up in front of a judge. These are real, decided cases under Georgia law.
What happened: A housekeeper secretly video-recorded her employer naked in his bathroom and bedroom and during a sexual encounter, then delivered the footage to attorneys pursuing a sexual-harassment claim; prosecutors indicted under the all-party video surveillance statute.
The ruling: The Supreme Court held § 16-11-66(a)'s one-party audio exception applies to wire, oral, and electronic communications but does not extend to § 16-11-62(2)'s visual-surveillance prohibition in private places.
What happened: A victim secretly video-recorded interactions with her attorney in his law office during a molestation investigation; the State sought to use the recordings at trial.
The ruling: The court affirmed suppression because the recordings occurred in a private place without the attorney's consent, and the one-party audio exception in § 16-11-66(a) did not apply to video under § 16-11-62(2).
What happened: County officials challenged indictments for invasion of privacy based on tape recordings; the Supreme Court reexamined whether parties to a conversation may record without violating the eavesdropping statutes.
The ruling: The court held the eavesdropping statutes prohibit third-party clandestine interception but do not prohibit the actual parties to a conversation from recording or divulging it.
What happened: An investigative grand jury indicted county officials for invasion of privacy based on numerous tape recordings seized from government offices during a corruption probe.
The ruling: The court analyzed when clandestine recording of private conversations violates O.C.G.A. § 16-11-62 and when search warrants for recording equipment are valid.
What happened: Plaintiffs sued Worth County and officials alleging their conversations were recorded without the consent required by Georgia's eavesdropping statutes.
The ruling: The court held plaintiffs could pursue civil claims for recordings made without at least one party's consent in violation of Georgia law.
Personal calls vs. business calls in Georgia
Recording personal calls
Recording your own phone calls and face-to-face conversations is legal in Georgia under § 16-11-66(a) — no disclosure required. Parents have additional latitude to monitor minor children's phone calls for welfare reasons. What you cannot do is set up a hidden camera in a private bedroom, bathroom, or closed office without every person's consent: Cohen and Madison make clear the one-party audio rule will not save you on video. Nanny-cam cases are a classic trap — silent video without all-party consent in a private home can be a felony even when you own the property.
Recording business calls
Georgia businesses may record customer calls their employees take without announcing it, because the company is a party. Security video in retail public areas is generally fine; audio on those cameras implicates the one-party wiretap rule — continuous recording of customer conversations where no employee is a party can violate § 16-11-62. Train staff on the audio/video split before deploying doorbell cameras, body cams, or conference-room recorders. Interstate callers in all-party states still require broader consent.
Calls that cross state lines
Georgia's one-party audio rule governs recordings made in Georgia by participants, but all-party states can apply their stricter laws to calls reaching their residents. Kearney-style litigation from California is the model risk for Georgia businesses calling nationwide without disclosure. When any participant may be in Florida, California, or another all-party jurisdiction, announce and obtain consent.
The safe way to record in Georgia
Whatever the local rule, one habit covers every situation: say the call is being recorded at the start. Consent is then on the recording itself, and cross-border calls stop being a legal puzzle. Callmark can play "This call may be recorded" automatically on your calls, so the disclosure never depends on your memory.
For the full national picture — every all-party state, cross-border rules, and consent mechanics — see our state-by-state consent guide.
Sources and further reading
Statutes, court opinions, and reference guides cited on this page. Laws change — verify current text before relying on it for anything consequential.
Common questions
Yes. As a participant in the call, your consent satisfies Georgia’s one-party rule. Disclosure is still wise whenever the other party might be in an all-party consent state.
Courts have applied different states' laws to interstate calls, and you often can't verify where a mobile number is. The practical rule: assume the strictest state applies and disclose the recording.
In most states, continuing a call after a clear "this call may be recorded" announcement is treated as implied consent — the same mechanism customer-service lines rely on.
Yes, if you are on the call. O.C.G.A. § 16-11-66(a) allows any party to intercept and record wire, oral, or electronic communications without notifying other participants.
Video recording in a private place out of public view requires all-party consent under § 16-11-62(2). State v. Cohen and State v. Madison confirm the one-party audio exception does not apply to covert video — nanny cams that capture video without the sitter's consent risk felony charges.
Both, depending on medium. Audio follows one-party consent; video in private places follows all-party consent. That split is definitive after State v. Cohen (2017).
Yes, in defined circumstances. O.C.G.A. § 16-11-66(d) allows a parent or guardian to intercept a minor child's telephone conversations without consent when acting in the good-faith interest of the child's welfare.
Felony conviction under § 16-11-69: one to five years in prison, a fine up to $10,000, or both.
Video of your curtilage for security may be permitted under § 16-11-62(2)(C), but continuous audio capture of neighbors' or visitors' conversations where you are not a party can implicate the wiretap statutes. Configure devices to minimize audio recording beyond your own interactions.
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