Subdivision 1. Prohibitions. Except as provided in subdivision 2:
(1) a person or entity providing an electronic communication service to the public must not knowingly divulge to a person or entity the contents of a communication while in electronic storage by that service; and
(2) a person or entity providing remote computing service to the public must not knowingly divulge to a person or entity the contents of any communication that is carried or maintained on that service:
(i) on behalf of, and received by means of electronic transmission from, or created by means of computer processing of communications received by means of electronic transmission, from a subscriber or customer of the service; and
(ii) solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of any communications for purposes of providing any services other than storage or computer processing.
Subd. 2. Exceptions. A person or entity may divulge the contents of a communication:
(1) to an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;
(2) as otherwise authorized in section 626.085; 626A.02, subdivision 2, paragraph (a); 626A.05; or section 626A.28;
(3) with the lawful consent of the originator or an addressee or intended recipient of the communication, or the subscriber in the case of remote computing service;
(4) to a person employed or authorized or whose facilities are used to forward a communication to its destination;
(5) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or
(6) to a law enforcement agency, if the contents:
(i) were inadvertently obtained by the service provider; and
(ii) appear to pertain to the commission of a crime.
1988 c 577 s 48,62; 1989 c 336 art 2 s 8; 2020 c 82 s 8
Structure Minnesota Statutes
Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications
Chapter 626A — Wire, Electronic, Or Oral Communications; Interception
Section 626A.01 — Definitions.
Section 626A.05 — Authorization For Interception Of Wire, Electronic, Or Oral Communications.
Section 626A.06 — Procedure For Interception Of Wire, Electronic, Or Oral Communications.
Section 626A.065 — Emergency Interception.
Section 626A.07 — Return Filed By Officer.
Section 626A.08 — Preservation Of Material Obtained, Applications And Orders; Destruction.
Section 626A.10 — Notice To Defendant.
Section 626A.11 — Admissibility Of Intercepted Evidence.
Section 626A.12 — Motion To Suppress Evidence.
Section 626A.13 — Civil Remedies.
Section 626A.14 — Obtaining Telephone And Telegraph Company Information.
Section 626A.15 — Duty To Report Violations.
Section 626A.16 — Telephone Company To Aid In Detection.
Section 626A.17 — Report Concerning Interception Of Communications.
Section 626A.18 — Illegal Transfers Of Intercepting Devices.
Section 626A.19 — Forfeitures.
Section 626A.20 — Suspension Or Revocation Of Licenses.
Section 626A.25 — Injunction Against Illegal Interception.
Section 626A.26 — Unlawful Access To Stored Communications.
Section 626A.27 — Disclosure Of Contents.
Section 626A.28 — Requirements For Governmental Access.
Section 626A.31 — Cost Reimbursement.
Section 626A.32 — Civil Action.
Section 626A.33 — Exclusivity Of Remedies.
Section 626A.34 — Definitions.
Section 626A.38 — Register, Trap And Trace Device, Or Mobile Tracking Device.
Section 626A.381 — Service Or Notice; Inventory.
Section 626A.39 — Definitions.
Section 626A.391 — Civil Action; Damages.