Can I legally record a phone call or conversation in Minnesota?

Minnesota's Privacy of Communications Act tracks the federal Wiretap Act.

1. Consent Rule

Minn. Stat. § 626A.02, subd. 1 makes it a crime to intentionally intercept, endeavor to intercept, or procure interception of wire, electronic, or oral communications. § 626A.02, subd. 2(d) exempts a person who is a party to the communication or who has the prior consent of one party — establishing one-party consent.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 mirrors Minnesota's one-party standard.

3. In-Person vs Electronic

"Oral communication" under § 626A.01, subd. 2 requires expectation that the communication is not subject to interception. Wire and electronic communications protected without that requirement.

4. Cross-Border Calls

When the other party is in an all-party state (FL, CA, IL, MA, MD, PA, WA), the stricter state's law may govern. Minnesotans should disclose recording when calling those states.

5. Criminal Penalties

Violation of § 626A.02 is a felony — up to 5 years prison and a fine up to $20,000. Disclosure or use of illegally intercepted material is also a felony.

6. Civil Liability

Minn. Stat. § 626A.13 provides civil action for actual damages, punitive damages, $100/day or $10,000 whichever is greater, reasonable attorney fees, and litigation costs. Federal § 2520 provides parallel relief.

7. Exceptions

Party consent or one-party consent; law enforcement under court order under § 626A.05-§ 626A.08; service provider monitoring; FCC-authorized interception; recording not for criminal or tortious purpose; emergency response.

8. Video / Surveillance

Minn. Stat. § 609.746 (interference with privacy / surreptitious observation) — gross misdemeanor for installing or using device to observe a person in a private place, felony for repeat or aggravated offenses.

This is legal information, not legal advice.