Minnesota Privacy of Communications Act (wiretap and recording consent)
MN Wiretap Act
Communications
Minnesota's wiretap law makes it a crime, and a civil wrong, to intentionally intercept, disclose, or use the contents of phone calls, electronic communications, or in-person conversations without authorization. Minnesota is a one-party consent state: a participant, or someone with a participant's prior consent, may record a conversation unless it is done to commit a crime or tort.
- Where
- Minnesota
- Citation
- Minn. Stat. 626A.01 to 626A.23 (key sections 626A.02, 626A.13)
- Status
- In force
- Enforced by
- Criminal prosecution; private civil action by persons whose communications were intercepted, disclosed, or used (626A.02, subds. 4-5; 626A.13)
- People can sue
- Yes
- Penalties
- Criminal: fine up to $20,000 and/or up to five years, with lower tiers for certain unencrypted radio interceptions (626A.02, subd. 4). Civil: equitable relief, the greater of three times actual damages plus the violator's profits or statutory damages of the greater of $100 per day or $10,000, punitive damages, and attorney fees; two-year limitations period from discovery (626A.13).
- Applies to
- Any person who intercepts, discloses, or uses wire, electronic, or oral communications (626A.02, subd. 1)
- One-party consent: a party to the communication, or a person with one party's prior consent, may record unless the purpose is a criminal or tortious act (626A.02, subd. 2(d))
- Communications service providers intercepting in the normal course of service (626A.02, subd. 2(a))
Practices it requires
- Do not intentionally intercept, or use a device to intercept, any wire, electronic, or oral communication, and do not disclose or use contents known to have been unlawfully intercepted.Minn. Stat. 626A.02, subd. 1
- Communication service providers may intercept, disclose, or use communications only as a necessary incident to rendering service or protecting their rights or property, and may not use service observing or random monitoring except for mechanical or service quality control checks.Minn. Stat. 626A.02, subd. 2(a) · Only if: Applies to operators, employees, and agents of wire or electronic communication service providers
Other duties
- Recording is lawful where the recorder is a party to the communication or one party has given prior consent, unless the purpose is to commit a criminal or tortious act.Minn. Stat. 626A.02, subd. 2(c)-(d)
Sources
- Official text
- Minn. Stat. 626A.02 (Office of the Revisor of Statutes)
- Minn. Stat. 626A.13 (Office of the Revisor of Statutes)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The service-observing clause of 626A.02, subd. 2(a) was summarized from a truncated display of the paragraph; confirm exact wording. | Original effective date (Laws 1969, ch. 953) not verified.
Research reference, not legal advice.