Minnesota § 626A.28 REQUIREMENTS FOR GOVERNMENTAL ACCESS

Minnesota Statutes

§ 626A.28 — REQUIREMENTS FOR GOVERNMENTAL ACCESS

Minnesota § 626A.28

PartCRIMINAL PROCEDURE; PEACE OFFICERS; PRIVACY OF COMMUNICATIONS

Ch. 626AWIRE, ELECTRONIC, OR ORAL COMMUNICATIONS; INTERCEPTION

This text of Minnesota § 626A.28 (REQUIREMENTS FOR GOVERNMENTAL ACCESS) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Stat. § 626A.28 (2026).

Text

Subdivision 1. MS 2018 [Repealed,2020 c 82 s 18] Subd. 2. MS 2018 [Repealed,2020 c 82 s 18] Subd. 3.Records concerning electronic communication service or remote computing service.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 sections325M.01to325M.09, 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

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Subdivision 1.
MS 2018 [Repealed,2020 c 82 s 18]

Subd. 2.
MS 2018 [Repealed,2020 c 82 s 18]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 sections325M.01to325M.09, 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 section626A.42to 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 undersection 626.085 or 626A.26to626A.34.