Georgia Intrusion Law

Intrusion law in Georgia does not differ in any significant way from the law described in the General Elements of an Intrusion Claim section of this guide. See Cabaniss v. Hipsley, 151 S.E.2d 496, 499-500 (Ga. App. 1966). As result, you should follow the general advice outlined in the section on Practical Tips for Avoiding Liability When Gathering Private Information.

With respect to the first element of a claim -- invasion into the private affairs of another -- Georgia requires that the intrusive conduct must be intentional. See Anderson v. City of Columbus, 374 F. Supp. 2d 1240, 1246 (M.D. Ga. 2005). However, a Georgia court has also held that physical intrusion is not always required, finding liability where the defendant repeatedly followed the plaintiff. See Anderson v. Mergenhagen, 642 S.E.2d 105, 110 (Ga. App. 2007).

Other Potential Bases for Liability

If you are photographing or recording someone in Georgia, you should be aware that Georgia has a statute that makes it unlawful for any person, through the use of any device, without the consent of all persons being observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view. This statute just highlights that in addition to your physical trespass, the use of any device to intrude, whether it be a camera, microphone or video, can impose liability in Georgia. See O.C.G.A Section 16-11-62(2).

The Georgia statute specifically states that liability for intrusion does not require that photographs be developed or shown to others to complete the invasion of privacy. The statute is only concerned with the intrusive activity engaged in to obtain the photograph. See O.C.G.A Section 16-11-62(2).



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