Minnesota Statutes 626A.28 – Requirements for Governmental Access
Subdivision 1.
MS 2018 [Repealed, 2020 c 82 s 18]
Subd. 2.
Terms Used In Minnesota Statutes 626A.28
- Contents: when used with respect to any wire, electronic, or oral communication, includes any information concerning the substance, purport, or meaning of that communication. See Minnesota Statutes 626A.01
- Electronic communication: means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:
(1) a wire or oral communication;
(2) a communication made through a tone-only paging device; or
(3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01
- Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Minnesota Statutes 626A.01
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
Terms Used In Minnesota Statutes 626A.28
- Contents: when used with respect to any wire, electronic, or oral communication, includes any information concerning the substance, purport, or meaning of that communication. See Minnesota Statutes 626A.01
- Electronic communication: means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:
(1) a wire or oral communication;
(2) a communication made through a tone-only paging device; or
(3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01
- Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Minnesota Statutes 626A.01
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
MS 2018 [Repealed, 2020 c 82 s 18]
Subd. 3.Records concerning electronic communication service or remote computing service.
(a) Except as provided in paragraph (b) or chapter 325M, a provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of the service, not including the contents of communications, to any person other than a governmental entity.
(b) A provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of the service, not including the contents of communications to a governmental entity only when the governmental entity:
(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;
(2) obtains a warrant;
(3) obtains a court order for such disclosure under subdivision 4; or
(4) has the consent of the subscriber or customer to the disclosure.
(c) A governmental entity receiving records or information under this subdivision is not required to provide notice to a subscriber or customer.
(d) Notwithstanding paragraph (b), a provider of electronic communication service or remote computing service may not disclose location information covered by section 626A.42 to a government entity except as provided in that section.
[See Note.]
Subd. 4.Requirements for court order.
A court order for disclosure under subdivision 3 must issue only if the governmental entity shows that there is reason to believe the records or other information sought, are relevant to a legitimate law enforcement inquiry. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider.
Subd. 5.No cause of action against a provider disclosing certain information.
No cause of action lies in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under section 626.085 or 626A.26 to 626A.34.