Chapter 626A — Privacy of Communications Act

626A.01 Definitions This section defines key terms used in Minnesota's Privacy of Communications Act. It explains what 'wire communication,' … 626A.02 Interception and Disclosure of Wire, Electronic, or Oral Communications Prohibited It is a crime to intentionally intercept, use, or disclose wire, electronic, or oral communications without … 626A.03 Manufacture, Distribution, Possession, and Advertising of Wire, Electronic, or Oral Communication Intercepting Devices Prohibited It is illegal to make, sell, possess, or advertise devices designed mainly for secretly intercepting communications. … 626A.04 Prohibition of Use as Evidence of Intercepted Wire, Oral, or Electronic Communications If a wire, oral, or electronic communication was intercepted illegally, neither the contents nor any evidence obtained … 626A.05 Authorization for Interception of Wire, Electronic, or Oral Communications The attorney general or a county attorney can ask a judge for a warrant to intercept wire, electronic, or oral … 626A.06 Procedure for Interception of Wire, Electronic, or Oral Communications This section sets detailed rules for how to apply for and obtain a wiretapping warrant. Applications must be made under … 626A.065 Emergency Interception In an emergency involving immediate danger of death or serious physical injury, law enforcement can intercept … 626A.07 Return Filed by Officer When a wiretapping warrant expires, the officer must immediately return the original warrant, supporting papers, and all … 626A.08 Preservation of Material Obtained, Applications and Orders; Destruction All intercepted communications must be fully recorded and protected from editing. Recordings must be sealed by the judge … 626A.09 Authorization for Disclosure and Use of Intercepted Wire, Electronic, or Oral Communications Law enforcement officers who obtain intercepted communications through a valid warrant may disclose and use that … 626A.10 Notice to Defendant Within 90 days after a wiretapping warrant ends or is denied, the judge must notify the people named in the warrant or … 626A.11 Admissibility of Intercepted Evidence Illegally intercepted communications cannot be used as evidence in any court proceeding. Lawfully intercepted … 626A.12 Motion to Suppress Evidence A defendant can ask the court to suppress intercepted communications evidence if the interception was unlawful, the … 626A.13 Civil Remedies Anyone whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of … 626A.14 Obtaining Telephone and Telegraph Company Information It is illegal to use tricks, false claims, or impersonation to get information from a telephone or telegraph company … 626A.15 Duty to Report Violations Officers and employees of telephone and telegraph companies must report any violations of the Privacy of Communications … 626A.16 Telephone Company to Aid in Detection If you suspect someone is illegally tapping your phone, your phone company must help detect the interception if you ask … 626A.17 Report Concerning Interception of Communications Judges and prosecutors who handle wiretapping warrants must file reports with the state court administrator. These … 626A.18 Illegal Transfers of Intercepting Devices It is illegal to receive an interception device if you know or should know it was sold or transported in violation of … 626A.19 Forfeitures Interception devices used in violation of this chapter can be seized and forfeited to the state. The laws governing … 626A.20 Suspension or Revocation of Licenses If a licensed professional is convicted of violating this chapter, the court must send a copy of the judgment to the … 626A.21 This section has been repealed. It was removed from the Privacy of Communications Act in 1991. 626A.22 This section has been repealed. It was removed from the Privacy of Communications Act in 1989. 626A.23 This section has been repealed. It was removed from the Privacy of Communications Act in 1989. 626A.24 This section has been repealed. It was removed from the Privacy of Communications Act in 1989. 626A.25 Injunction Against Illegal Interception The attorney general or a county attorney can file a civil lawsuit to get a court order stopping someone from committing … 626A.26 Unlawful Access to Stored Communications It is a crime to intentionally access stored electronic communications without authorization. Penalties range from a … 626A.27 Disclosure of Contents Electronic communication service providers generally cannot disclose the contents of stored communications. There are … 626A.28 Requirements for Governmental Access The government can access the contents of stored electronic communications through different types of legal process … 626A.29 This section has been repealed. It was removed from the Privacy of Communications Act in 2020. 626A.30 This section has been repealed. It was removed from the Privacy of Communications Act in 2020. 626A.31 Cost Reimbursement Electronic communication service providers that assist the government with accessing stored communications must be … 626A.32 Civil Action A person whose stored electronic communications are accessed in violation of the law can sue for damages. Remedies … 626A.33 Exclusivity of Remedies The remedies provided in sections 626A.26 through 626A.34 are the only judicial remedies available for … 626A.34 Definitions This section defines 'remote computing service' as the provision of computer storage or processing services to the … 626A.35 General Prohibition on Pen Register, Trap and Trace Device, and Mobile Tracking Device Use; Exception It is generally illegal to install or use a pen register (which records outgoing phone numbers), trap and trace device … 626A.36 Application for Order for Pen Register, Trap and Trace Device, or Mobile Tracking Device To get a court order for a pen register, trap and trace device, or mobile tracking device, a law enforcement officer … 626A.37 Issuance of Order for Pen Register, Trap and Trace Device, or Mobile Tracking Device A judge must issue a pen register, trap and trace, or mobile tracking device order if the application meets the legal … 626A.38 Register, Trap and Trace Device, or Mobile Tracking Device The assistance of service providers may be required for installing pen registers, trap and trace devices, or mobile … 626A.381 Service or Notice; Inventory After a pen register, trap and trace, or mobile tracking device order expires, the person whose communications were … 626A.39 Definitions This section defines terms used in the pen register, trap and trace, and mobile tracking device provisions. It defines … 626A.391 Civil Action; Damages Anyone whose communications are monitored by a pen register, trap and trace device, or mobile tracking device in … 626A.40 Subject to Other Laws Nothing in this chapter allows conduct that violates any federal law. State and federal communications privacy laws both … 626A.41 Citation This chapter may be called the 'Privacy of Communications Act.' This is the official name for all of Minnesota chapter … 626A.42 Electronic Device Location Information Law enforcement generally needs a tracking warrant based on probable cause to obtain location information from …