GA Specific Offenses

Question 1

Unlawful Eavesdropping or Surveillance

Answer 1

Under GA law, it is unlawful for a person intentionally, in a clandestine manner, to overhear, transmit, or record the private conversation of another that originates in a private place.

It is also unlawful for a person, through the use of any device, to observe, photograph, or record activities of others occurring in a private place out of public view, unless all persons observed or recorded consent.

Question 2

Exceptions to Eavesdropping and Surveillance

Answer 2

Surveillance is permissible

1) when an owner or occupier or real property uses surveillance equipment on the property in in the area approaching the property, and the person recorded has no reasonable expectation of privacy

2) when a person uses surveillance equipment for the purposes of security, crime prevention, or crime detection in order to record activities of persons who are within the curtilage of the residence of the person recording the activities

Question 3

Consent

Answer 3

A person may intercept a wire, oral, or electronic communication when the person is a party to the communication or when one of the parties to the conversation has given prior consent.