Privacy · Recording Consent
Is It Legal to Record a Call in Georgia?
Whether you can record a conversation in Georgia, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Georgia
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| A participant may record | Section 16-11-66(a) lets you intercept a wire, oral, or electronic communication if you are a party to it, or if one of the parties has given prior consent. |
| Phone and in-person both covered | The one-party rule applies to wire, oral, and electronic communications alike. |
| No one else’s permission needed | As a participant you may record without notifying or getting permission from the others. |
| When it is different | What it means |
|---|---|
| Recording a conversation you are not in | Section 16-11-62 makes it a crime to clandestinely overhear or record the private conversation of another when you are not a party and have no party’s consent. |
| Video in a private place needs all-party consent | Section 16-11-62 requires the consent of all persons observed to record activities in a private place out of public view. The one-party rule is for audio you take part in, not hidden video. |
| Silent video in public | Recording activity in a public place, where no one is in a private place out of public view, is treated under different rules. |
What you can do right now
Concrete, neutral steps before you record a conversation in Georgia. This is legal information, not legal advice.
- You may record a conversation you are in
As a participant in a Georgia conversation, you can record it without telling the others. That is the one-party rule under §16-11-66.
- Never record a conversation you are not part of
Clandestinely recording a private conversation you are not in, with no party’s consent, violates §16-11-62 and is a felony.
- Be careful with hidden video in private places
Recording activities in a private place out of public view needs the consent of everyone observed. The one-party rule covers audio you take part in, not secret video.
- Get consent on interstate calls
If the other person is in an all-party state, that stricter rule may apply. When a call crosses state lines, ask everyone before recording.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ State Bar of Georgia · Local Bar ReferralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Georgia
Georgia is a one-party consent state for audio, which means you can record a conversation you are part of without anyone else’s permission. O.C.G.A. §16-11-66(a) makes interception lawful when you are a party to the communication, or when one party has given prior consent, and it covers phone and in-person conversations alike. The limit that trips people up is participation. If you are not a party and no party has agreed, secretly recording someone’s private conversation violates §16-11-62 and is a felony under §16-11-69, one to five years in prison and a fine up to $10,000. Video is different too: recording activities in a private place out of public view needs the consent of everyone observed, so the one-party rule does not cover hidden cameras. And the permissive rule does not travel, so if the person on the other end is in an all-party state like California or Florida, the safe move on a cross-border call is to get everyone’s consent.
Common questions
Is it legal to record a phone call in Georgia?
Yes, if you are part of the conversation. Georgia is a one-party state under O.C.G.A. §16-11-66, so a participant, or someone with one party’s consent, may record without telling the others.
Can I record a conversation I am not part of in Georgia?
No. Clandestinely recording the private conversation of others when you are not a party and have no party’s consent violates §16-11-62 and is a felony.
What is the penalty for illegal recording in Georgia?
A violation of the eavesdropping law is a felony under §16-11-69, punishable by one to five years in prison and a fine up to $10,000. Civil remedies may also be available.
Can I record a call with someone in California from Georgia?
Be careful. California is an all-party state, and a cross-border call can pull in that stricter rule. The safest course on interstate calls is to get consent from everyone before recording.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.