Cameras are Everywhere! Know How to Protect Your Clients.

Is it legal for a seller to have a recording device during open houses and showings? The answer is “Yes”
The general rule in Georgia is that a property owner has the right to “record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy,” and to conduct surveillance “within the curtilage of (their) residence”. Ga. Code Ann. 16-11-62(2)(B), (C). Therefore, a seller is perfectly within his or her legal rights to install and use camera and audio recording devices throughout his or her property as he or she sees fit, including watching potential buyers as they tour the property. (The Red Book, Ch 1)
The two categories of surveillance are audio and video, and the rules about them are very different.
Audio Surveillance.  Did one of the parties consent?
In Georgia, as long as one of the parties to a conversation knows that they are recording, then an audio recording is ok. What is not allowed is for a third party to record a conversation between two people who are unaware they are being recorded. So, an audio recording would be legal if the home seller is recording and is accompanying the buyer. But that’s not the way it usually happens.  In the more common scenario, the only ones monitored are the house hunter and his or her broker, both unsuspecting.  In most cases, an audio recording of a broker and buyer without the seller present would be illegal.
Video Surveillance.  Is there an expectation of privacy?
Video is different. A video recording is legal if the party being recorded did not have a reasonable expectation of privacy. So, unless consented to, a video in one’s own home would likely be illegal, because there is an expectation of privacy.  However, a video recording in a private residence in a listed house may be legal, since an individual may not claim an expectation of privacy. (Except in a bathroom.)
Listing Brokers Good Practice – Disclose the presence of cameras
NAR recommends that listing brokers should know whether surveillance devices are present on the property, so, first, ask your Seller.   Second, to avoid any later claims that illegal recordings were made, listing brokers should share this knowledge. Either post a notice on the property alerting all visitors to the property that they may be recorded or include the information in the MLS comment fields – or do both.  Some regional Realtors' groups now require home sellers to inform their brokers of any surveillance equipment as part of standard broker contracts.
Buyer Brokers – Curb Your Enthusiasm!
An audio recording of a buyer or broker comments – even an illegal recording – can affect negotiations.  Assume a recording device is there or pretend the Owner is right there with you and don’t make any comments that you wouldn’t want the Owner to hear.  Comments like “This is my first choice” or “Love, love, love this house” are not for the Owner’s ears!
Make sure your clients are aware of recording devices, if you know they exist.  Consider making this disclosure in writing, such as in an email.  While such a disclosure is not legally required since the buyer’s representative is not the one making the recording, it would help protect them from any later allegations if a client later claimed to be unaware of a disclosed recording device.