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Minnesota Recording Laws (2026): One-Party Consent Rules

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 32 primary sources cited on this page. How we verify our legal content

Minnesota Recording Laws (2026): One-Party Consent Rules

Frequently Asked Questions

Is Minnesota a one-party or two-party consent state?

Minnesota is a one-party consent state under Minn. Stat. § 626A.02 subd. 2(d). Any participant in a wire, electronic, or oral communication may record it without notifying the other parties. The consent cover disappears if the recording is made for the purpose of committing a criminal or tortious act. That exception is in the statute itself and mirrors 18 U.S.C. § 2511(2)(d); Copeland v. Hubbard Broadcasting, 526 N.W.2d 402 (Minn. Ct. App. 1995), applied it and required proof of the recorder's purpose.

Can I record a phone call in Minnesota without telling the other person?

Yes, if you are a party to the call. Section 626A.02 subd. 2(d) authorizes participant recording without notice. The exception evaporates if the recording is for a criminal or tortious purpose. For calls to recipients in two-party states like Illinois, follow the stricter state rule and give notice.

Is illegal recording a felony in Minnesota?

Yes. Under § 626A.02 subd. 4(a), unlawful interception is a felony punishable by up to 5 years in prison and a $20,000 fine. Subd. 4(b) reduces the penalty for a non-commercial first offense involving an unscrambled radio communication: a gross misdemeanor under subd. 4(b)(1), or a fine of not more than $500 under subd. 4(b)(2) where the communication is the radio portion of a cellular telephone call, a public land mobile radio service communication, a cordless telephone call between handset and base unit, or a paging communication. Subd. 4(c) also excludes certain unencrypted satellite transmissions. An in-person conversation gets no reduction.

How much can I sue for if someone illegally recorded me in Minnesota?

Under § 626A.13 subd. 3(b), you recover the greater of (1) three times your actual damages plus the violator's profits, or (2) $100 per day of violation or $10,000, whichever is higher. Punitive damages and attorney fees stack on top. The two-year limitations clock starts when you first have a reasonable opportunity to discover the violation, not the date of the recording.

Can I record the police in Minnesota?

Practically yes, but the 8th Circuit has not clearly established a First Amendment right to record police, which weakens your legal protection compared to peer states. Molina v. Book, 59 F.4th 334 (8th Cir. 2023), cert. denied 2024, and Robbins v. City of Des Moines, 984 F.3d 673 (8th Cir. 2021), grant qualified immunity on 1A recording claims. Passive observation from a distance is protected under Chestnut v. Wallace, 947 F.3d 1085 (8th Cir. 2020).

Are Ring cameras and nanny cams legal in Minnesota?

Audio-enabled cameras on your own property are generally lawful if you are a party to conversations they capture under § 626A.02 subd. 2(d). However, placing a camera in a bathroom, guest bedroom, changing room, or other place where a person has a reasonable expectation of privacy independently violates § 609.746 subd. 1(e) as a gross misdemeanor where the camera is used with the intent to capture that person's intimate parts without consent, regardless of who owns the property. Subd. 1(k) exempts law enforcement in lawful duties, medical facilities, and commercial establishments with posted surveillance signs.

Can my employer record me at work in Minnesota?

An employer who is a party to a workplace conversation may record it. An employer who is not a party (for example, a hidden microphone in a break room) faces felony exposure under § 626A.02 subd. 4(a) and civil exposure under § 626A.13. Under Stericycle, 372 NLRB No. 113 (2023), blanket no-recording handbook rules are presumptively unlawful unless narrowly tailored. Minnesota public-sector employers are covered by PELRA (Minn. Stat. ch. 179A) rather than NLRB jurisdiction.

Can I record my doctor or an HR meeting in Minnesota?

Yes. As a participant in the conversation, you may record under § 626A.02 subd. 2(d). HIPAA binds the provider, not the patient. Recording an HR meeting you attend is also lawful. The recording is not made for a criminal or tortious purpose simply because you want documentation.

Updates

Corrected this page’s account of Copeland v. Hubbard Broadcasting (an affirmance of a denial of leave to amend, not a ruling that hidden-camera news-gathering complies with the wiretap statute) and of Ness v. City of Bloomington (the ordinance was held unconstitutional only as applied, not struck down), restored the intent element and the statutory exceptions to the Minn. Stat. § 609.746 hidden-camera summaries, added the § 626A.02 subd. 4(b)(2) $500 tier and subd. 4(c) satellite exclusion that the penalty sections had omitted, and repointed the Copeland citation from a court-system homepage to the full opinion.

Corrected the case name of the controlling Eighth Circuit qualified-immunity ruling from 'Molina v. City of St. Louis' to its actual caption, Molina v. Book, and fixed the Minnesota Consumer Data Privacy Act's citation from a non-existent Minn. Stat. ch. 325O to the correct ch. 325M.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Restructured page for readability: added AEO lede, KeyTakeaways, at-a-glance table, and section-by-section format (in-person, phone, hidden cameras, penalties, police, special topics). Condensed cross-state analysis, NLRB/PELRA overlay, deepfake regime (2023 c 58), and MCDPA biometric overlay into short subsections. Added in-depth sub-page index grouped by type and place. Refreshed FAQ to 8 plain-language questions. All statutes re-verified against revisor.mn.gov and court records. No corrections required; facts from 2026-05-30 audit remain accurate.

Adversarial-audit corrections: (1) Fixed § 626A.13 subd. 3(b) prong (1) damages formula to correctly state three times the actual damages PLUS violator profits separately (not (actual+profits) x 3, per statute text); (2) Corrected statute-of-limitations subsection from subd. 4 (good-faith defense) to subd. 5 (two-year discovery-rule limitation), per revisor.mn.gov; (3) Corrected § 609.771 baseline from gross misdemeanor to misdemeanor (up to 90 days / $1,000), added intent-to-cause-violence intermediate tier (up to 364 days / $3,000), removed phantom candidate-actor felony aggravator (candidate consequence is civil forfeiture of office, not a criminal penalty tier), per revisor.mn.gov.

Refreshed for 2026: anchored Minn. Stat. § 626A.02 felony interception (5 years, $20,000) and corrected § 626A.13 subd. 3(b) damages to a TWO-prong 'whichever is greater' choice (treble actual plus violator profits OR statutory damages of greater of $100/day or $10,000); added 2023 c 58 deepfake regime (signed Walz May 26, 2023, effective Aug. 1, 2023): § 617.262 criminal NCII, § 604.32 civil NCII with $100,000 cap, § 609.771 election deepfake under active 1A challenge in Kohls v. Ellison; added Copeland v. Hubbard Broadcasting (Minn. Ct. App. 1995) and Ness v. City of Bloomington (8th Cir. 2021) as verified Minnesota authority; reframed 8th Circuit record-the-police as NOT clearly established (Molina, Robbins, Chestnut), with Chestnut passive-observation distinction; removed unverified State v. Casarez and State v. Hauge (fabrication risk); added MCDPA chapter 325O biometric overlay (eff. July 31, 2025; cure period sunset Jan. 31, 2026; AG-only enforcement; no private right of action); updated FCC 24-24 to vacated; removed stale 47 CFR § 64.501; added NLRB Stericycle, GC 25-05, GC 25-07, and PELRA chapter 179A workplace overlay; added federal TAKE IT DOWN Act compliance deadline May 19, 2026; replaced commercial-codifier URLs with revisor.mn.gov, mncourts.gov, ag.state.mn.us, ecf.ca8.uscourts.gov, supremecourt.gov, fcc.gov, nlrb.gov, ecfr.gov, and uscode.house.gov.

Added wearable recording devices section and 2 FAQs

Sources and References

  1. revisor.mn.gov.gov
  2. revisor.mn.gov.gov
  3. revisor.mn.gov.gov
  4. uscode.house.gov.gov
  5. ecfr.gov.gov
  6. fcc.gov.gov
  7. ecf.ca8.uscourts.gov.gov
  8. ecf.ca8.uscourts.gov.gov
  9. ecf.ca8.uscourts.gov.gov
  10. ecf.ca8.uscourts.gov.gov
  11. revisor.mn.gov.gov
  12. revisor.mn.gov.gov
  13. revisor.mn.gov.gov
  14. revisor.mn.gov.gov
  15. nlrb.gov.gov
  16. nlrb.gov.gov
  17. nlrb.gov.gov
  18. revisor.mn.gov.gov
  19. revisor.mn.gov.gov
  20. ftc.gov.gov
  21. revisor.mn.gov.gov
  22. revisor.mn.gov.gov
  23. revisor.mn.gov.gov
  24. revisor.mn.gov.gov
  25. hlli.org
  26. congress.gov.gov
  27. justice.gov.gov
  28. docs.fcc.gov.gov
  29. media.ca11.uscourts.gov.gov
  30. revisor.mn.gov.gov
  31. ag.state.mn.us.gov
  32. ecfr.gov.gov
  33. ecfr.gov.gov
  34. Copeland v. Hubbard Broadcasting, Inc., 526 N.W.2d 402 (Minn. Ct. App. 1995) (full opinion)(courtlistener.com)
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