Privacy - Minnesota

Summary of differences between federal and state regulations

The Minnesota Privacy of Communications Act prohibits the interception, disclosure, recording, and use of any oral or wire communications made by persons who would have an expectation of privacy reasonably justified by the surrounding circumstances. This potentially impacts an employer’s ability to access employee e-mail, voicemail, or telephone calls. Employer should not monitor, disclose, or use an employee’s telephone calls, voice mail messages, or e-mail unless the employer first obtains the employee’s consent or the employer meets one of the laws exceptions.

Minnesota statutes also restrict an employer’s ability to obtain and use many other types of employee information, including credit and consumer reports, employee personnel records, polygraph tests, and medical information.

State

Contacts

None.

Regulations

Minnesota Statutes Chapter 626A.01 et seq., “Privacy of communications”

Federal

Contacts

None.

Regulations

None.