Privacy Law Library

Minnesota Stored Communications Provisions

MN Stored Communications

Communications

Modeled on the federal Stored Communications Act, these sections make it a crime to access an electronic communications facility without authorization and obtain or alter stored messages, and bar public email and cloud providers from knowingly divulging the contents of stored communications except to recipients, with consent, as needed to provide service, under legal process, or to law enforcement when contents were inadvertently obtained and relate to a crime.

Where

Minnesota

Citation

Minn. Stat. 626A.26 to 626A.34 (key sections 626A.26, 626A.27)

Status

In force

Enforced by

Criminal prosecution (626A.26, subd. 2); civil action by aggrieved providers, subscribers, or customers (626A.32)

People can sue

Yes

Penalties

Unauthorized access to stored communications: for commercial advantage, malicious destruction, or private gain, up to $250,000 and 364 days (first offense) or two years (subsequent); otherwise up to $5,000 and six months (626A.26, subd. 2). Civil: equitable relief, actual damages plus the violator's profits with a $1,000 minimum, and attorney fees, for knowing or intentional violations; two-year limitations period (626A.32).

Applies to

• Providers of electronic communication service or remote computing service to the public (626A.27)
• Any person who accesses a communications facility without authorization (626A.26)