Privacy Law Library

Pen Register, Trap and Trace, and Mobile Tracking Device Restrictions

MN Tracking Device Law

Location · Communications

No one may install or use a pen register, trap and trace device, or mobile tracking device (such as a GPS tracker) without a court order, unless an exception applies, most notably consent of the owner of the object to which a tracker is attached. People harmed by unlawful tracking or call-data capture can sue for damages and attorney fees.

Where

Minnesota

Citation

Minn. Stat. 626A.35 to 626A.391

Status

In force

Enforced by

Private civil action by harmed persons (626A.391); court orders govern law enforcement use (626A.36 to 626A.38)

People can sue

Yes

Penalties

A harmed person may recover damages, equitable or declaratory relief, and reasonable costs and attorney fees; two-year limitations period from violation or discovery; good-faith reliance on a warrant, order, or statutory authorization is a complete defense (626A.391).

Applies to

• Any person, public or private, who installs or uses a pen register, trap and trace device, or mobile tracking device (626A.35, subd. 1)
• Exceptions: communications providers for service operation, abuse prevention, or with user consent; mobile tracking devices used with the consent of the owner of the object tracked; limited law enforcement use on stolen or fleeing vehicles (626A.35, subds. 2-2c)