https://minnesotalawyer.com/statutes/chapter-626a/Recent content in Chapter 626A — Privacy of Communications Act on MinnesotaLawyer.comHugoen-ushttps://minnesotalawyer.com/statutes/chapter-626a/626a.01/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.01/This section defines key terms used in Minnesota’s Privacy of Communications Act. It explains what ‘wire communication,’ ‘oral communication,’ ’electronic communication,’ ‘intercept,’ and other important terms mean. These definitions determine what types of communications are protected under the law.https://minnesotalawyer.com/statutes/chapter-626a/626a.02/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.02/It is a crime to intentionally intercept, use, or disclose wire, electronic, or oral communications without authorization. Penalties include fines up to $20,000 and up to five years in prison. There are exceptions for phone company employees acting in the normal course of business, law enforcement with proper consent, and parties to a conversation who consent to recording.https://minnesotalawyer.com/statutes/chapter-626a/626a.03/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.03/It is illegal to make, sell, possess, or advertise devices designed mainly for secretly intercepting communications. Penalties include fines up to $20,000 and up to five years in prison. Exceptions exist for phone and electronic service providers and government employees acting in the normal course of their work.https://minnesotalawyer.com/statutes/chapter-626a/626a.04/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.04/If a wire, oral, or electronic communication was intercepted illegally, neither the contents nor any evidence obtained from it can be used in any court trial, hearing, or grand jury proceeding. This is the exclusionary rule for illegally intercepted communications.https://minnesotalawyer.com/statutes/chapter-626a/626a.05/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.05/The attorney general or a county attorney can ask a judge for a warrant to intercept wire, electronic, or oral communications. Wiretapping warrants can only be issued for serious crimes including murder, assault, robbery, kidnapping, sexual assault, drug offenses, gambling, and antitrust violations. No court commissioner can issue these warrants.https://minnesotalawyer.com/statutes/chapter-626a/626a.06/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.06/This section sets detailed rules for how to apply for and obtain a wiretapping warrant. Applications must be made under oath and include specific facts, a description of the offense, the communications to be intercepted, and proof that other investigation methods have failed. Warrants last no more than 30 days and must end when the person is charged. Extensions require new applications.https://minnesotalawyer.com/statutes/chapter-626a/626a.065/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.065/In an emergency involving immediate danger of death or serious physical injury, law enforcement can intercept communications before getting a warrant. They must first get oral approval from a judge. A formal warrant application must be filed within 36 hours. If the warrant is denied, the intercepted communications must be treated as illegally obtained.https://minnesotalawyer.com/statutes/chapter-626a/626a.07/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.07/When a wiretapping warrant expires, the officer must immediately return the original warrant, supporting papers, and all recordings to the judge who issued it. The return must include details about the interception equipment installed, the dates communications were intercepted, and an identification of all recordings made.https://minnesotalawyer.com/statutes/chapter-626a/626a.08/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.08/All intercepted communications must be fully recorded and protected from editing. Recordings must be sealed by the judge and kept for at least ten years. Warrant applications and orders must also be sealed and kept for ten years. Recordings can only be destroyed by court order, in the presence of a witness not connected to law enforcement. Violations can be punished as contempt of court.https://minnesotalawyer.com/statutes/chapter-626a/626a.09/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.09/Law enforcement officers who obtain intercepted communications through a valid warrant may disclose and use that information in performing their official duties. The information can be shared with other law enforcement officers and used as evidence in court proceedings. Privileged communications remain protected and cannot be disclosed.https://minnesotalawyer.com/statutes/chapter-626a/626a.10/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.10/Within 90 days after a wiretapping warrant ends or is denied, the judge must notify the people named in the warrant or application that their communications were or may have been intercepted. The notice must include the date the warrant was issued or denied, the period of interception, and whether communications were actually intercepted.https://minnesotalawyer.com/statutes/chapter-626a/626a.11/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.11/Illegally intercepted communications cannot be used as evidence in any court proceeding. Lawfully intercepted communications can only be admitted as evidence if the court finds they were obtained in compliance with this chapter. The offering party must give the other side at least ten days notice before trial that they plan to use intercepted evidence.https://minnesotalawyer.com/statutes/chapter-626a/626a.12/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.12/A defendant can ask the court to suppress intercepted communications evidence if the interception was unlawful, the warrant was not sufficient on its face, or the interception was not carried out according to the warrant. The motion must be made before the trial or hearing, and the judge must give the defendant a chance to present evidence. The decision can be appealed.https://minnesotalawyer.com/statutes/chapter-626a/626a.13/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.13/Anyone whose wire, electronic, or oral communication is intercepted, disclosed, or intentionally used in violation of this chapter can sue for damages. Remedies include actual damages (at least $100 per day or $10,000, whichever is greater), punitive damages, and reasonable attorney fees. The lawsuit must be filed within two years.https://minnesotalawyer.com/statutes/chapter-626a/626a.14/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.14/It is illegal to use tricks, false claims, or impersonation to get information from a telephone or telegraph company about wires, cables, or communications. It is also illegal for phone company employees to give out this information to unauthorized people. Violations are misdemeanors.https://minnesotalawyer.com/statutes/chapter-626a/626a.15/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.15/Officers and employees of telephone and telegraph companies must report any violations of the Privacy of Communications Act that come to their attention to the police department or county attorney with jurisdiction.https://minnesotalawyer.com/statutes/chapter-626a/626a.16/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.16/If you suspect someone is illegally tapping your phone, your phone company must help detect the interception if you ask and offer to pay the reasonable cost. The company will only tell you whether an unauthorized wiretap exists. Your request is kept confidential unless you authorize disclosure.https://minnesotalawyer.com/statutes/chapter-626a/626a.17/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.17/Judges and prosecutors who handle wiretapping warrants must file reports with the state court administrator. These reports include information about each warrant application, the offense investigated, the type of interception, the period of interception, and the results. The state court administrator compiles an annual report for the legislature.https://minnesotalawyer.com/statutes/chapter-626a/626a.18/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.18/It is illegal to receive an interception device if you know or should know it was sold or transported in violation of this chapter. If you are caught with such a device, that possession alone is enough evidence to convict you unless you can explain the possession to the jury satisfaction.https://minnesotalawyer.com/statutes/chapter-626a/626a.19/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.19/Interception devices used in violation of this chapter can be seized and forfeited to the state. The laws governing forfeiture of contraband apply to these devices.https://minnesotalawyer.com/statutes/chapter-626a/626a.20/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.20/If a licensed professional is convicted of violating this chapter, the court must send a copy of the judgment to the licensing board. The board may then suspend or revoke the person license. The license can be reinstated later if the person shows good cause.https://minnesotalawyer.com/statutes/chapter-626a/626a.21/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.21/This section has been repealed. It was removed from the Privacy of Communications Act in 1991.https://minnesotalawyer.com/statutes/chapter-626a/626a.22/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.22/This section has been repealed. It was removed from the Privacy of Communications Act in 1989.https://minnesotalawyer.com/statutes/chapter-626a/626a.23/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.23/This section has been repealed. It was removed from the Privacy of Communications Act in 1989.https://minnesotalawyer.com/statutes/chapter-626a/626a.24/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.24/This section has been repealed. It was removed from the Privacy of Communications Act in 1989.https://minnesotalawyer.com/statutes/chapter-626a/626a.25/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.25/The attorney general or a county attorney can file a civil lawsuit to get a court order stopping someone from committing a felony violation of this chapter. The court can issue restraining orders or take other action to prevent ongoing harm. Civil procedure rules apply, but if the defendant is also facing criminal charges, criminal discovery rules govern.https://minnesotalawyer.com/statutes/chapter-626a/626a.26/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.26/It is a crime to intentionally access stored electronic communications without authorization. Penalties range from a fine of up to $5,000 and one year in jail for a first offense to a fine of up to $20,000 and five years in prison for repeat offenders. There are exceptions for service providers, authorized users, and law enforcement with proper legal authority.https://minnesotalawyer.com/statutes/chapter-626a/626a.27/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.27/Electronic communication service providers generally cannot disclose the contents of stored communications. There are exceptions for disclosures to law enforcement under proper legal process, to the sender or intended recipient, and in certain emergencies. The requirements for government access depend on how long the communications have been stored.https://minnesotalawyer.com/statutes/chapter-626a/626a.28/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.28/The government can access the contents of stored electronic communications through different types of legal process depending on how long the communications have been stored. A warrant is generally required for recent communications. Older communications may be obtained with a court order or subpoena with prior notice to the subscriber.https://minnesotalawyer.com/statutes/chapter-626a/626a.29/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.29/This section has been repealed. It was removed from the Privacy of Communications Act in 2020.https://minnesotalawyer.com/statutes/chapter-626a/626a.30/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.30/This section has been repealed. It was removed from the Privacy of Communications Act in 2020.https://minnesotalawyer.com/statutes/chapter-626a/626a.31/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.31/Electronic communication service providers that assist the government with accessing stored communications must be reimbursed for their reasonable costs. The provider is entitled to payment at the same rate as for similar services provided to the public.https://minnesotalawyer.com/statutes/chapter-626a/626a.32/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.32/A person whose stored electronic communications are accessed in violation of the law can sue for damages. Remedies include actual damages (at least $1,000), punitive damages for willful or intentional violations, and reasonable attorney fees. The lawsuit must be filed within two years.https://minnesotalawyer.com/statutes/chapter-626a/626a.33/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.33/The remedies provided in sections 626A.26 through 626A.34 are the only judicial remedies available for non-constitutional violations of those sections. No other legal claims can be brought for violations that do not rise to the level of constitutional violations.https://minnesotalawyer.com/statutes/chapter-626a/626a.34/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.34/This section defines ‘remote computing service’ as the provision of computer storage or processing services to the public through an electronic communications system. This definition applies to sections 626A.26 through 626A.34.https://minnesotalawyer.com/statutes/chapter-626a/626a.35/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.35/It is generally illegal to install or use a pen register (which records outgoing phone numbers), trap and trace device (which records incoming call information), or mobile tracking device without a court order. Exceptions exist for service providers, law enforcement with court orders, and certain consent situations.https://minnesotalawyer.com/statutes/chapter-626a/626a.36/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.36/To get a court order for a pen register, trap and trace device, or mobile tracking device, a law enforcement officer must submit a written application to a judge. The application must identify the officer, the offense being investigated, and state that the information to be obtained is relevant to the investigation.https://minnesotalawyer.com/statutes/chapter-626a/626a.37/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.37/A judge must issue a pen register, trap and trace, or mobile tracking device order if the application meets the legal requirements. The order is valid for up to 60 days and can be extended. The order must specify the identity of the subscriber, the device or line to be monitored, and the offense under investigation.https://minnesotalawyer.com/statutes/chapter-626a/626a.38/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.38/The assistance of service providers may be required for installing pen registers, trap and trace devices, or mobile tracking devices. Providers must help carry out the court order and must be compensated for their expenses. The existence of the surveillance and the court order must be kept secret.https://minnesotalawyer.com/statutes/chapter-626a/626a.381/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.381/After a pen register, trap and trace, or mobile tracking device order expires, the person whose communications were monitored must be notified. The notice must include information about the monitoring and must be served within 90 days. The court can delay notification for good cause.https://minnesotalawyer.com/statutes/chapter-626a/626a.39/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.39/This section defines terms used in the pen register, trap and trace, and mobile tracking device provisions. It defines ‘pen register,’ ’trap and trace device,’ ‘mobile tracking device,’ and other related terms.https://minnesotalawyer.com/statutes/chapter-626a/626a.391/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.391/Anyone whose communications are monitored by a pen register, trap and trace device, or mobile tracking device in violation of the law can sue for damages. The lawsuit must be brought within two years.https://minnesotalawyer.com/statutes/chapter-626a/626a.40/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.40/Nothing in this chapter allows conduct that violates any federal law. State and federal communications privacy laws both apply, and compliance with state law does not excuse violations of federal law.https://minnesotalawyer.com/statutes/chapter-626a/626a.41/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.41/This chapter may be called the ‘Privacy of Communications Act.’ This is the official name for all of Minnesota chapter 626A.https://minnesotalawyer.com/statutes/chapter-626a/626a.42/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-626a/626a.42/Law enforcement generally needs a tracking warrant based on probable cause to obtain location information from electronic devices like cell phones. There are exceptions for emergencies, consent, and lost or stolen devices. The warrant application and order must be filed with the court and the person tracked must be notified afterward. Annual reports on tracking warrants are required.