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 a reasonable time but not later than 90 days after a wiretap warrant ends (or after an application is denied), … 626A.11 Admissibility of Intercepted Evidence Evidence from communications intercepted in violation of this chapter, and anything derived from it, is inadmissible for … 626A.12 Motion to Suppress Evidence An aggrieved person may move to suppress intercepted wire, oral, or electronic communications (or evidence derived from … 626A.13 Civil Remedies A person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of … 626A.14 Obtaining Telephone and Telegraph Company Information No person may use a trick, false representation, or impersonation to obtain or try to obtain information from any … 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 who issue or deny wiretap and related surveillance orders must report details to the state court administrator … 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 Any interception device involved in a violation of this chapter, or one that comes into a law enforcement officer's … 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 a facility providing an electronic communication service without authorization, or … 626A.27 Disclosure of Contents Providers of electronic communication service or remote computing service to the public generally cannot knowingly … 626A.28 Requirements for Governmental Access Subdivisions 1 and 2 of this section, which set the former rules for government access to the contents of stored … 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 When a governmental entity obtains stored records or information from a service provider under section 626A.27 or … 626A.32 Civil Action A provider of electronic communication service, subscriber, or customer who is harmed by a knowing or intentional … 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, an investigative or law … 626A.37 Issuance of Order for Pen Register, Trap and Trace Device, or Mobile Tracking Device On an application for a pen register, trap and trace device, or mobile tracking device, the court may enter an ex parte … 626A.38 Register, Trap and Trace Device, or Mobile Tracking Device When directed by a court order, a service provider, landlord, custodian, or other person must immediately furnish law … 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 A government entity generally needs a tracking warrant based on probable cause to obtain location information from an …