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Is it legal for a person to have recorded a conversation between me and them without my consent?

Carrollton, GA |

I was a part of a conversation between me and another person . She claims to have recorded the convoy . I did not give consent for is happen , now she is wanting to use what is said to frame me for actions that never happened . And I'm sure she doesn't even have the whole convoy recorded only what she needed . How is this legal , is there anything I can do to stop this decimation of character ?

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Attorney answers 1


Georgia, like most states, is a "one party" state for audio recording conversations. That means that any party to a conversation can audio record the conversation without the knowledge of any other party to the conversation. Just make sure the other parties are in Georgia, because if even one of them is in an "all-party" state, it would likely be breaking the law of that state to record the conversation.

Just owning the telephone doesn't make someone a "party" to the conversation, so it is illegal to "tap" the telephone of your own house to record the conversations that other people in the house have with other people. But few homes are hard-wired for telephones anymore, so nowadays the recording questions deal with having your cell phone in your pocket recording a face-to-face conversation, or using some sort of application to record a conversation you are having on the telephone. Subject to the limitations I've mentioned above, these recordings are legal and almost always found to be admissible.

The same rule does not apply to video recordings in private places (such as homes). In a case called State v. Madison (2011), the Georgia Court of Appeals held that for video recordings Georgia is an "all-party" state, meaning that all parties video recorded must consent to the recording. So if you want to record what is going on in a private place, all parties must consent. (Frankly, I think this is a problematic ruling, as it basically makes many common recordings illegal. Consider, for example, recording your child's Christmas play at church. The church is a private place, so unless you have the consent of every person in the room and on stage, you're breaking the law.)

I hope this helps. Read more at my website or give me a call.

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David B Pittman

David B Pittman


Great answer!