In Georgia you may record a telephone conversation you are a party to, but you may not record your spouse’s conversations with other people.
When Recording Is Lawful
OCGA 16-11-66(a) provides that nothing in the eavesdropping statute “shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.” A spouse who is on the call may record it without telling the other person.
Your Spouse’s Calls With Someone Else
Recording a call you are not on is different. OCGA 16-11-62(4) makes it unlawful “intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone.” Doing so is a felony punishable by one to five years, a fine of up to $10,000, or both. OCGA 16-11-69. In Ransom v. Ransom, 253 Ga. 656 (1985), the Georgia Supreme Court declined to create a domestic exception, noting that “[t]he legislature has not drawn an exception from the statute’s prohibition for one who, in a clandestine manner, records the private telephone conversations of his spouse.”
The Kind of Phone Does Not Matter
In Barlow v. Barlow, 272 Ga. 102 (2000), a husband tried to introduce a neighbor’s recording of his wife’s cordless telephone conversation. The Supreme Court held the recording inadmissible, reasoning that it “defies law, logic, and common sense” to treat a cordless call in the home as less private than a landline or cellular call.
Your Children’s Calls
OCGA 16-11-66(d) carries a narrow exception. A parent or guardian may monitor or intercept a child’s telephone conversations from within the family home, with or without the child’s consent, to ensure the child’s welfare.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!