§ 16-11-70 - Telephone records privacy protection
               	 		
O.C.G.A.    16-11-70   (2010)
   16-11-70.    Telephone records privacy protection 
      (a)  As used in this Code section, the term:
      (1)  "End  user" means any person, corporation, partnership, firm, municipality,  cooperative, organization, governmental agency, building owner, or other  entity provided with a telecommunications service for its own  consumption and not for resale.
      (2)  "Telephone  record" means information retained by a telecommunications company that  relates to the telephone number dialed by the customer, the number of  telephone calls directed to a customer, or other data related to the  telephone calls typically contained on a customer telephone bill, such  as the time the calls started and ended, the duration of the calls, the  time of day the calls were made, and any charges applied. For purposes  of this Code section, any information collected and retained by, or on  behalf of, customers utilizing caller identification or other similar  technology does not constitute a telephone record.
      (3)  "Telephone  records broker" means any person or organization that is neither a  telecommunications company nor a vendor or supplier for a  telecommunications company obligated by contract to protect the  confidentiality of telephone records and that purchases, acquires,  sells, or releases the telephone record of any third party with whom it  has no prior or existing business relationship or that attempts to  purchase, acquire, sell, or release the telephone record of any party  with whom it has no prior or existing business relationship.
(b)  It  is unlawful for any telephone records broker to purchase, acquire,  sell, or release the telephone records of any person who is a Georgia  resident or to attempt to purchase, acquire, sell, or release the  telephone record of any third party who is a Georgia resident. This Code  section applies whether the customer's telephone record is obtained by  the telephone records broker directly from a telecommunications company  or from any other third-party source. For purposes of this Code section,  a person is a Georgia resident if the individual has a Georgia billing  address.
(c)  A violation of any provision  of this Code section shall be punishable by a civil fine in an amount  not to exceed $10,000.00 for each violation. The prosecuting attorney or  the Attorney General shall be authorized to prosecute the civil case.  Each telephone record purchased, acquired, sold, or released and each  attempt to purchase, acquire, sell, or release a telephone record  constitutes a separate violation of this Code section.
(d)  Any  violation of this Code section shall constitute a tort and shall create  a right of action in the person or entity whose telephone records have  been purchased, acquired, sold, or released for which damages may be  recovered. Special damages may be inferred by the violation. Reasonable  attorney's fees shall be awarded to the plaintiff where the plaintiff  has prevailed in the underlying action.
(e)  No  provision of this Code section shall be construed to prevent any action  by a law enforcement agency or any officer, employee, or agent of a law  enforcement agency to obtain the telephone records or personal  identifying information of any third party who is a Georgia resident in  connection with the performance of the official duties of the agency,  officer, employee, or agent.