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Minnesota Recording Laws

Minnesota Recording Law Summary:

Minnesota recording law stipulates that it is a one-party consent state. In Minnesota, it is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Minnesota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intent. Minn. Stat. § 626A.02.

This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Minn. Stat. § 609.746.

Personal Conversations:

You may not record, obtain, share or use conversations that you are not a part of without the consent of at least one party.

If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:

  • Getting verbal or written consent prior to the recording being made.
  • A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
  • An audible beep tone being repeated at steady intervals during the duration of the conversation.

Penalties:

Minn. Stat. § 626A.02: Illegally recording, or sharing communications one can be expected to know were illegally intercepted, are offenses which are subject to fines of $20,000 and five years in prison.

Minn. Stat. § 609.746: Infractions against Minnesota’s hidden camera law are considered felony offenses subject to a $5,000 fine and a maximum of two years in prison.

More Minnesota Laws