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Recording Phone Calls and Checking Emails: Criminal Defense Attorney Explains How the Law Addresses These Issues in Georgia

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In Georgia there is a Criminal Law on recording a phone call.  Georgia is a Single Party Consent State, which means that only one of the Participants need to agree to the recording, not both.  (Compare to a Two Party Consent state where both/all participants must agree to the recording.) Generally, it is illegal to record the telephone conversation of others when the person recording is not part of the conversation. (Georgia law allows for certain limited exceptions regarding the phone calls of minors when done by a parent.)

As far as email, generally speaking, if another person’s email account is password protected it is a crime to access or attempt to access the account without the consent of the account holder. Likewise, if the email account is not password protected or is a family/ community account, then generally it would not be unlawful to access that jointly held/ jointly consented to account.

Violations of these laws in Georgia are crimes, so it is important to think and know before acting.

At Breakfield & Associates, Attorneys our Georgia Criminal Defense Attorneys welcomes anyone with questions concerning the  law regarding email accounts or recording phone calls to Call or Email us. Please remember that all of our initial consultations are free of charge.

About the authors: David B. Purvis and John Breakfield are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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