Recording Phone Calls and Checking Emails

In regards to recording phone calls, Georgia is a One Party Consent state. This means that, generally, a person can record their own phone calls without the consent of the person on the other end of the phone call.

(Compare to a Two Party Consent state where both/all participants must agree to the recording.) Therefore, it is generally 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.)

Generally speaking, if another personís 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.

Breakfield & Dean, LLC welcomes anyone with any questions to call or email us. Please remember that all of our initial consultations are free of charge.

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.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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