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Video surveillance devices in the marital home – don’t go there

On Behalf of | Oct 28, 2013 | Firm News

The Georgia Supreme Court issued a decision on October 7, 2013 that any potential party to a divorce case in Georgia ought to see as a cautionary instruction. See
Rutter v. Rutter S12G1915

In that decision, a wife anticipating a divorce surreptitiously installed several video surveillance devices in the marital home, and captured video of her husband’s actions she intended to use at her divorce trial.  Husband moved to exclude the video recordings saying they were made in violation of Georgia law (O.C.G.A. §16-11-62).  This statute, as amended in 2000, makes it illegal to “observe, photograph, or record” the activities of another in a private place without consent.  The husband succeeded in the end, and was able to have the evidence excluded.

Bottom line is that in Georgia you cannot conduct recordings of your spouse in a private place, out of public view, without consent.  To do so is an invasion of privacy.