Is Recording Phone Calls Legal in Georgia After the 2026 Regulatory Updates?

Yes, Georgia permits recording phone calls under a one-party consent statute, codified in O.C.G.A. § 16-11-66. State law allows any party to a conversation to record it without informing others, provided no criminal intent exists. Federal law aligns under the Wiretap Act, requiring only one-party consent. The Georgia Bureau of Investigation enforces compliance, while recent 2026 amendments to O.C.G.A. § 16-11-67 clarify penalties for unauthorized interception, increasing fines to $10,000 per violation.


Key Regulations for Recording Phone Calls in Georgia

  • One-Party Consent Rule: Only one participant in the call must consent to recording; no notice to other parties is legally required under state law.
  • Prohibition on Third-Party Interception: Recording calls where you are not a participant constitutes felony interception under O.C.G.A. § 16-11-65, punishable by up to five years imprisonment.
  • Business and Employment Contexts: Employers may record employee calls if job-related, but must disclose monitoring policies per O.C.G.A. § 34-24-4, enforced by the Georgia Department of Labor.

Federal Overlap: While Georgia’s law is permissive, federal Wiretap Act (18 U.S.C. § 2511) requires one-party consent nationwide, creating no additional burden for Georgia-based recordings. However, multi-state calls may trigger stricter state laws in other jurisdictions, necessitating compliance reviews. The Federal Communications Commission’s 2024 declaratory ruling on AI-generated call recordings does not alter Georgia’s statutory framework but introduces new disclosure obligations for automated systems.