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Legal Topics: Recording Conversations

Statutes: (Additional statutes, regulations & opinions may apply to your specific situation.)

  • Minnesota Statutes Chapter 626A, Privacy of Communications.
  • 18 USC §2510, et seq.
  • Court decisions interpreting the statutes may also be important. Minnesota Statutes Annotated is available in the Law Library and in county law libraries around the state. Cases decided after May of 1996 may be searched online. The statute section number (for example 626A.02) makes an effective keyword search. The United States Code Annotated and United States Code Service provide decisions and research aids for Federal laws.

    • Resources:

  • Can We Tape?, A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C., from The Reporters Committee for Freedom of the Press
  • Wiretapping and Eavesdropping on Telephone Calls, from the Privacy Rights Clearinghouse
  • "Applicability, in civil action, of provisions of Omnibus Crime Control and Safe Streets Act of 1968, prohibiting interception of communications (18 USC § 2511(1)), to interceptions by spouse, or spouse's agent, of conversation of other spouse," 139 ALR Fed. 517. ALR Federal is available in the Law Library and in many county law libraries.

    • There are additional ethical considerations if the recorder is a lawyer. See Opinion Barring Secret Recording of Conversations is Repealed, reprinted from Minnesota Lawyer (June 3, 2002)

    DISCLAIMER:  As librarians and not lawyers, we can suggest resources but cannot give legal advice (such as which form to file), or legal opinions, (such as how a statute might apply to particular facts.)  To do so could be considered the unauthorized practice of law.  Even though we try to suggest materials that will be of help, further research is usually required to find a complete and correct answer.  For many questions, the best answer may be to consult an attorney.  For links to resources on finding an attorney, see http://www.lawlibrary.state.mn.us/selfhelp.html#atty.

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    Minnesota State Law Library: Legal Topics: Recording Conversations
    http://www.lawlibrary.state.mn.us/taping.html

    Last updated on December 13, 2011.
    Links checked on July 20, 2011.

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