Can I legally record a phone call or conversation in Georgia?

Georgia recently shifted to a clearer one-party regime for phone calls under § 16-11-66, with a separate framework for in-person eavesdropping.

1. Consent Rule

O.C.G.A. § 16-11-66 expressly permits recording a telephone call when one party consents. § 16-11-62 prohibits using a device to overhear, transmit, or record activities of another in a "private place" without consent of all persons observed — focused on surreptitious in-person surveillance.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 requires one-party consent. Georgia's phone-call rule mirrors federal law.

3. In-Person vs Electronic

Different rules. Phone calls — one-party consent under § 16-11-66. In-person recording in a "private place" (defined in § 16-11-60 as a place where a person has a reasonable expectation of privacy from surveillance) requires consent of every party observed.

4. Cross-Border Calls

When the other party is in a two-party state (CA, FL, PA), Georgia's permissive rule does not shield the recorder from civil liability under the stricter state's law if the call has meaningful contacts with that state.

5. Criminal Penalties

Violation of § 16-11-62 is a felony — 1 to 5 years prison and/or up to $10,000 fine (§ 16-11-69). Subsequent offenses carry enhanced penalties.

6. Civil Liability

O.C.G.A. § 16-11-67 allows recovery of actual damages and punitive damages, attorney fees, and injunctive relief for unlawful interception or surveillance. Federal § 2520 provides parallel relief.

7. Exceptions

Party consent for telephone calls; law enforcement under judicial investigation warrant (§ 16-11-64); business telephone-extension use in ordinary course; public officials acting in official capacity; news-gathering by a party to the conversation.

8. Video / Surveillance

O.C.G.A. § 16-11-62(2) and § 16-11-90 (peeping toms and "upskirting") criminalize covert video recording in private places.

This is legal information, not legal advice.