A Legal Guide to PRIVACY AND DATA SECURITY 2025

Recording Communications [Minn. Stat. § 626A.02 Wiretap law]

The following Minnesota statute is nearly identical to the federal wiretapping statute [18 U.S.C. § 2511 (1)] and generally provides that it is legal for a person to record a wire, oral, or electronic communication if that person is a party to the communication, or if one of the parties has consented to the recording-so long as no criminal or tortious intent accompanies the recording. 626A.02 INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS PROHIBITED. Subdivision 1. Offenses. Except as otherwise specifically provided in this chapter any person who: (1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, electronic, or oral communication; (2) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: (i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or (ii) such device transmits communications by radio, or interferes with the transmission of such communication; (3) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic, or oral communication in violation of this subdivision; or (4) intentionally uses, or endeavors to use, the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic, or oral communication in violation of this subdivision; shall be punished as provided in subdivision 4, or shall be subject to suit as provided in subdivision 5.

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