In Georgia, it is legal to record a phone call or in-person conversation as long as you are a participant. Georgia follows a one-party consent law, which means you do not need to inform the other person or get their permission. Recording calls you are not part of is illegal and can result in criminal charges or civil penalties. Legal recordings can be used as evidence in court, including situations involving harassment, threats, or business disputes. For calls across state lines, consider notifying the other party if they are in a two-party consent state.
If you’ve ever wondered, “Is it illegal to record a phone call in Georgia?” you’re not alone. Maybe you want to record a call for personal safety. Maybe it’s for business purposes, or maybe you just want proof of something important. Knowing the law is critical because doing it wrong can get you into serious trouble.
Let’s break everything down clearly, so you can understand Georgia’s call recording laws, when it’s legal, and when it’s not.
Georgia Call Recording Law: The Basics
Georgia Is a One-Party Consent State
The most important point you need to know is:
Georgia is a one-party consent state.
This means you can legally record a phone call or in-person conversation as long as you are part of the conversation and you consent to the recording.
You do not need to tell the other person. You do not need written permission. Your own participation and consent are enough.
This rule comes from Georgia Code §16-11-62, which makes it illegal to intercept communications you are not part of, but allows recordings when you are a participant.
What One-Party Consent Actually Means
Let’s simplify it:
- You are on the call – You can record it legally.
- You are not on the call – Recording it is illegal.
So, if you pick up your phone and press record while talking to someone, you are protected by the law. But secretly recording two other people talking? That is considered illegal wiretapping in Georgia.
When You Can Legally Record Calls in Georgia
Here are the most common scenarios where recording is perfectly legal:
1. Recording Personal Conversations
You can record calls with:
- Friends
- Family
- Anyone threatening or harassing you
- Scammers or suspicious callers
For example, if someone calls you threatening harm, you can record the conversation without telling them. This recording is admissible as evidence in court because you are one of the participants.
2. Recording Workplace Calls
Many people ask if you can record calls at work. The answer depends on your role:
If you are an employee:
- You can record calls you participate in
- This can include meetings, instructions, or discussions with coworkers
- Recording can be useful for documenting harassment, unfair treatment, or unclear instructions
If you are an employer:
- Employers can record calls when the business participates in the conversation
- Often, businesses still announce: “This call may be recorded for quality purposes,” but legally in Georgia, this is optional
Important: You cannot secretly record coworkers if you are not part of the conversation. That is illegal.
3. Recording Video or Zoom Calls
Georgia’s one-party consent law applies to audio, whether the call is over the phone, in-person, or via video platforms like Zoom, Teams, or Google Meet.
- You are participating – You can record
- You are not participating – You cannot record
Many people record online meetings for work or personal documentation, which is fully legal as long as you are part of the meeting.
4. Recording for Safety or Evidence
Sometimes the need to record comes from safety concerns or disputes. Legal examples include:
- Harassment or threats
- Fraud attempts
- Domestic disputes
- Workplace misconduct
- Landlord-tenant disputes
As long as you are part of the conversation, you can record and use it as evidence if necessary.
When Recording Becomes Illegal in Georgia
Even though Georgia is a one-party consent state, there are clear limits.
1. Recording Conversations You Are Not Part Of
You cannot:
- Record private conversations between others
- Place a hidden device in someone’s room or car to record them
- Eavesdrop on calls you are not involved in
Violating this law can result in criminal charges, fines, or even jail time.
2. Using Technology to Secretly Spy
You cannot use apps or devices to:
- Intercept phone calls
- Monitor someone’s messages or VoIP calls
- Access communications without being a participant
This is considered illegal wiretapping and can carry heavy penalties.
Are Secretly Recorded Calls Admissible in Georgia Court?
Here’s the rule:
- Legally recorded calls (where you are a participant) are admissible in court
- Illegal recordings (where you are not a participant) are generally inadmissible and can expose you to criminal liability
These recordings can be used in:
- Criminal cases
- Civil lawsuits
- Family court proceedings
- Dispute resolutions
Can You Record Calls Across State Lines?
Things get a little more complicated if the other person is in another state.
- Georgia is a one-party consent state
- Some states, like California or Pennsylvania, are two-party consent states
- If you call someone in a two-party consent state, it is safest to inform them that you are recording the call
Tip: Always follow the stricter state law when recording cross-state calls.
How to Legally Record a Phone Call in Georgia
Here’s how to do it safely:
Step 1: Confirm You Are Part of the Conversation
If you are not part of the call, do not record it.
Step 2: Choose a Recording Method
You can use:
- Phone apps
- Built-in phone recording features
- VoIP recording tools
- Screen recording for video calls
- External recorders for in-person conversations
Step 3: Store Your Recording Securely
- Keep a backup
- Save timestamps
- Avoid altering the recording
- Don’t publicly share sensitive recordings unnecessarily
Step 4: Consider Disclosure for Safety
While not required in Georgia, telling the other person you are recording can:
- Avoid misunderstandings
- Ensure compliance for out-of-state calls
- Build trust in business situations
Examples of Legal and Illegal Recording
Legal Examples
- Recording a call with a threatening person
- Recording a Zoom meeting you attend
- Recording a call with your boss to clarify instructions
- Recording a business call as a participating employee
Illegal Examples
- Secretly recording coworkers’ private conversations
- Placing a hidden recorder in someone’s home or office
- Tapping into phone lines or apps without being part of the conversation
- Recording a call between two other people without consent
Frequently Asked Questions About Georgia Call Recording Laws
Is Georgia a one-party consent state?
Yes. Only one participant must consent.
Can someone record me without my permission?
Yes, if you are speaking to them and they are part of the conversation.
Do I need to tell the other person I am recording?
Not legally, but disclosure can help in cross-state calls or professional situations.
Can employers record calls without notice?
Yes, if the employer is part of the call.
Are recordings admissible in Georgia courts?
Yes, if the recording was made legally.
Can I record threats or harassment?
Yes, legally, as long as you are part of the conversation.
Does this apply to video or Zoom calls?
Yes, one-party consent applies to online calls as well.
Key Takeaways
- Georgia is a one-party consent state
- You can record calls if you are a participant
- You do not need to inform the other party
- Recording calls you are not part of is illegal
- Illegal recordings can lead to fines, lawsuits, or jail
- Cross-state calls may require disclosure
- Call recordings can be used in court if legal
Final Thoughts
Recording phone calls in Georgia is legal as long as you are a participant. This law protects you, allows for evidence collection, and provides a safe way to document conversations for personal, professional, or legal purposes.
Just remember to always stay ethical, store recordings safely, and respect privacy. With this knowledge, you can confidently navigate call recording in Georgia without risking legal trouble.
