Minnesota Laws on Recording in Public: Rights, Limits, and Privacy Rules

Recording in public is legal in Minnesota. The First Amendment protects the right to photograph, film, and record in streets, parks, and government buildings. Audio recordings of conversations are governed by the one-party consent rule under Minn. Stat. Section 626A.02, which requires consent from only one party to the conversation.

Overview of Public Recording Rights in Minnesota

Minnesota residents enjoy broad rights to record in public spaces. The First Amendment to the U.S. Constitution protects the right to photograph, film, and record audio in areas where you have a lawful right to be. This right extends to recording government officials, police officers, public protests, and everyday activities occurring in public view. Note that while a First Amendment right to record police in public is widely recognized, the Eighth Circuit (which covers Minnesota) has not clearly established it for qualified-immunity purposes (Molina v. Book, 59 F.4th 334 (8th Cir. 2023)), which may limit Section 1983 remedies against individual officers.

Minnesota does not have a specific statute that grants or restricts the right to record in public. Instead, public recording rights are governed by a combination of constitutional protections, the state wiretapping statute (Minn. Stat. Section 626A.02), the privacy statute (Minn. Stat. Section 609.746), trespassing laws, and the Open Meeting Law (Minn. Stat. Chapter 13D).

Where You Can Record in Public

Public Streets, Sidewalks, and Parks

You have an unrestricted right to record on public streets, sidewalks, and in public parks. These are traditional public forums where First Amendment protections are at their strongest. You can:

• Film people walking, driving, or going about their daily activities
• Record street performers, public art installations, and events
• Photograph buildings, storefronts, and architecture from public vantage points
• Livestream events to social media platforms
• Use any type of recording device, including phones, cameras, and drones (subject to FAA regulations)

No consent from the people being filmed is required when recording in these public spaces. People who are visible in public places have no reasonable expectation of privacy regarding their physical presence and activities.

Government Buildings Open to the Public

You can generally record inside government buildings during their public operating hours. This includes:

• City halls and county government centers
• State Capitol and legislative buildings
• Public libraries
• Post offices (in public areas)
• Public university buildings (in common areas)
• Police station lobbies

Some government facilities may have specific policies about recording in certain areas. Security-sensitive areas, courtrooms (subject to judge's rules), and areas containing private data may have restrictions. However, a blanket ban on recording in a government building open to the public would likely face First Amendment challenges.

Public Transportation

Recording on public transportation in Minnesota is generally permitted. Metro Transit and other transit agencies operate in public spaces, and passengers on buses and light rail do not have a reasonable expectation of privacy. Security cameras already record activity on most public transit vehicles and stations.

Retail Stores and Businesses Open to the Public

Recording in businesses open to the public is more nuanced. While these spaces are accessible to the public, they are private property. The property owner or authorized manager can set rules about recording. Key points:

• You can record in a store unless the owner or manager asks you to stop
• If asked to stop recording and you refuse, you may be asked to leave
• Refusing to leave after being asked constitutes trespassing under Minn. Stat. Section 609.605
• Recordings made before you were asked to stop are legal and yours to keep
• The business cannot demand you delete recordings already made

The Audio Recording Question in Public

One-Party Consent in Public Settings

When your public recording captures conversations, Minnesota's wiretapping law comes into play. Under Minn. Stat. Section 626A.02, the one-party consent rule applies to the audio portion of recordings.

However, the wiretapping statute only protects "oral communications" where the speaker has a reasonable expectation of privacy. In public settings, people generally do not have a reasonable expectation that their conversations are private. This means:

• Conversations held at normal volume in public places are generally not protected by the wiretapping statute
• If you are participating in a conversation in public, you can record it under one-party consent
• Conversations in public that you overhear and record may not be protected by the statute because there is no reasonable expectation of privacy

Conversations in Semi-Private Public Spaces

Some spaces that are technically public may still create privacy expectations for conversations. A quiet corner of a library, a whispered conversation in a restaurant, or a discussion in a private meeting room within a public building may carry a greater expectation of privacy than a conversation on a busy sidewalk.

The test is whether the speaker exhibited a subjective expectation that the conversation was not being intercepted, and whether that expectation was objectively reasonable given the circumstances.

Recording Public Events

Protests and Demonstrations

Minnesota has been a focal point for discussions about recording public protests, particularly after events in Minneapolis in 2020. Your rights when recording protests include:

• Filming from any public vantage point
• Recording police interactions with protesters
• Livestreaming events in real time
• Documenting the use of crowd control measures
• Recording from your own property if protests pass by

You cannot trespass on private property to record a protest, and you must comply with lawful police orders to maintain safe distances. However, police cannot order you to stop recording or confiscate your equipment simply because you are filming a protest.

Concerts, Sporting Events, and Festivals

Public events held in outdoor venues are generally open to recording from public vantage points outside the venue. However, event organizers can restrict recording within their venues through:

• Terms printed on tickets
• Posted signage at entrances
• Announcements at the start of the event
• Venue policies enforced by security staff

These restrictions are based on the organizer's property rights and contractual authority, not on state recording law. Violating a venue's no-recording policy can result in ejection from the event.

Parades and Public Celebrations

Public parades, holiday celebrations, and community events taking place on public streets and in public parks can be freely recorded. No permission is needed from event organizers, participants, or spectators.

Recording Government Meetings

Minnesota Open Meeting Law

Minnesota's Open Meeting Law, Minn. Stat. Chapter 13D, requires most meetings of public bodies to be open to the public. This includes the right to attend, observe, and record these meetings. Public bodies covered by the law include:

• City councils and town boards
• County boards of commissioners
• School boards
• State agency boards and commissions
• Planning commissions and zoning boards
• Park boards and library boards
• Hospital district boards

Your Right to Record Government Meetings

Under the Open Meeting Law, you can:

• Bring cameras, phones, and recording equipment to open meetings
• Record audio and video of the proceedings
• Livestream meetings to online platforms
• Photograph documents displayed during the meeting

A public body cannot prohibit recording of an open meeting. They may establish reasonable rules about the placement of recording equipment to avoid disrupting proceedings (for example, requiring cameras to be stationary rather than moving around the room), but they cannot ban recording outright.

Closed Meetings

The Open Meeting Law allows public bodies to close meetings for specific purposes, such as discussing pending litigation, labor negotiations, or certain personnel matters. Recording is generally not permitted during properly closed sessions. However, the decision to close a meeting must be made openly, and the public body must state the grounds for closing the meeting on the record.

Recording on Private Property Open to the Public

The Property Owner's Authority

Private property owners in Minnesota have the right to set rules about recording on their premises, even when the property is open to the public. Businesses like restaurants, shopping malls, stores, and offices can:

• Post signs prohibiting photography or recording
• Ask customers or visitors to stop recording
• Request that recording individuals leave the premises
• Call police to enforce trespassing laws if someone refuses to leave

However, property owners cannot:

• Physically assault someone for recording
• Confiscate recording equipment
• Demand deletion of recordings already made
• Destroy recording equipment

When Trespassing Laws Apply

If you are asked to leave private property because of your recording activity and you refuse, you may face trespassing charges under Minn. Stat. Section 609.605. Misdemeanor trespass carries a penalty of up to 90 days in jail and a $1,000 fine. The recordings you made before being asked to leave remain legal and belong to you.

Privacy Limits on Public Recording

Surreptitious Surveillance in Private Areas

Even within otherwise public buildings, there are areas where people retain a reasonable expectation of privacy. Minn. Stat. Section 609.746 prohibits surreptitious recording in:

• Public restrooms and bathrooms
• Changing rooms and fitting rooms in retail stores
• Locker rooms at gyms, pools, and recreational facilities
• Shower facilities
• Any area where a person is in a state of undress and has a reasonable expectation of privacy

Recording in these locations is a gross misdemeanor for a first offense (up to 1 year in jail and $3,000 fine) and a felony for repeat offenses or offenses involving minors (up to 2 years and $5,000 fine).

Intimate Images and Upskirt Photography

Minnesota law specifically addresses surreptitious photography and recording aimed at capturing intimate images. Recording under someone's clothing or in a manner designed to capture private body parts without consent is illegal, even in public spaces. These offenses are prosecuted under the interference with privacy statute and related provisions.

Drone Recording

Drone use for aerial recording in Minnesota is subject to both state law and Federal Aviation Administration (FAA) regulations. While drones can be used for photography and videography in public airspace, operators must:

• Follow FAA rules for recreational or commercial drone use
• Not fly over crowds or near airports without authorization
• Avoid using drones to surveil private property in a manner that violates privacy expectations
• Register drones with the FAA if they weigh more than 0.55 pounds

Minnesota does not have a comprehensive state drone privacy law, but existing privacy statutes like Section 609.746 apply to drone-based recording that captures private activities.

Using Public Recordings as Evidence

Admissibility in Court

Recordings made in public spaces are generally admissible in Minnesota courts when properly authenticated under Minnesota Rules of Evidence, Rule 901. Public recordings are commonly used as evidence in:

• Personal injury and accident cases
• Criminal prosecutions and defense
• Civil rights lawsuits
• Property disputes
• Insurance claims
• Employment disputes involving off-site conduct

Social Media Posts as Evidence

Public social media posts containing recordings made in Minnesota can also be used as evidence. Courts treat publicly shared recordings and posts as having no expectation of privacy. Both prosecutors and civil litigants regularly introduce social media content as evidence in Minnesota courts.

Penalties for Illegal Recording in Otherwise Public Spaces

More Minnesota Recording Laws

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