O.C.G.A. § 16-11-62
§ 16-11-62. Eavesdropping, surveillance, or intercepting communication which invades privacy of another;
divulging private message
It shall be unlawful for:
(1)
Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to
overhear, transmit, or record the private conversation of another which shall originate in any private place;
(2)
Any person, through the use of any device, without the consent of all persons observed, to observe,
photograph, or record the activities of another which occur in any private place and out of public view;
provided, however, that it shall not be unlawful:
(A)
To use any device to observe, photograph, or record the activities of persons incarcerated in any
jail, correctional institution, or any other facility in which persons who are charged with or who have been
convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while
the prisoner is discussing his or her case with his or her attorney;
(B)
For an owner or occupier of real property to use for security purposes, crime prevention, or crime
detection any device to observe, photograph, or record the activities of persons who are on the property or an
approach thereto in areas where there is no reasonable expectation of privacy; or
(C)
To use for security purposes, crime prevention, or crime detection any device to observe,
photograph, or record the activities of persons who are within the curtilage of the residence of the person
using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy
thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be
admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded;
(3)
Any person to go on or about the premises of another or any private place, except as otherwise provided
by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or
secretly observing their activities;
(4)
Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus
the contents of a message sent by telephone, telegraph, letter, or by any other means of private
communication;
(5)
Any person to divulge to any unauthorized person or authority the content or substance of any private
message intercepted lawfully in the manner provided for in Code Section 16-11-65;
(6)
Any person to sell, give, or distribute, without legal authority, to any person or entity any
photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private
place and out of public view without the consent of all persons observed; or
(7)
Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (6)
of this Code section which invade the privacy of another.
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