Augusta, GA asked in Civil Litigation for Georgia

Q: Does the one party consent law allow me to record my wifes conversations I am not a party to.

Can I set up a voice activated recorder to hear what she says when I'm not around.

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
  • Lawrenceville, GA
  • Licensed in Georgia

A: The One Party Consent rule means that at least one (1) person to the conversation must know of the conversation being recorded. If only two (2) people are involved in the conversation, then one of the two must know of the conversation being recorded. Given that you won't be a party to the conversation (per your facts), then it would seem obvious that there is nobody in the conversation who would know about the recording. Given that, of course it would not be legal to record her conversations with third parties.

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