Secretly recording conversations in the workplace is on the rise, and in some states, it is perfectly legal, but in the end, it all comes down to the subject matter being recorded. This trend has prompted employers to add human resource departments to their companies or to reach out to human resource management companies to implement employee training and to help to create employee handbooks outlining appropriate workplace behavior stating what is or is not allowed in the workplace; this should include tape recordings or taking photos at work.
Discrimination, sexual harassment, the "Me Too" movement, and whistle blowers have caused lawsuits to accelerate at record speed due to employees' taping conversations at work or at a company function outside the office without their employer's or co-worker's knowledge, but is this legal? Yes … and no.
Federal and state laws vary across the nation from the following: One Party Consent, All Parties Consent, Mixed Consent and Unestablished Consent. Georgia is a One-Party Consent State, as are most states. Georgia law, O.C.G.A. § 16-11-66, clearly states that it is okay to record a conversation where one person gives consent to the recording. This means that the person making the recording has knowledge of the recording and is consensual, even though the person he/she is recording has no knowledge of the recording. It is allowed either in a public or a private place.