Invasion of Privacy Laws in Minnesota (2026): What the Courts Actually Enforce

Most people think privacy laws only apply to creepy peeping toms. Wrong. Minnesota’s invasion of privacy laws cover way more than that. From secret recordings to hidden cameras to data collection, these laws protect you in ways you probably don’t realize.

Let me break down what you actually need to know.

What Is Invasion of Privacy in Minnesota?

Invasion of privacy is when someone violates your right to be left alone. Sounds simple, right?

Actually, Minnesota recognizes four different types of privacy invasion. Each one has different rules.

The four types are: intrusion upon seclusion, public disclosure of private facts, appropriation of your name or image, and putting you in a false light. That’s a lot of legal jargon, I know. Stay with me.

The Four Types of Privacy Invasion

Intrusion Upon Seclusion

This is the classic peeping tom situation. Someone spies on you where you expect privacy.

You’re in your bedroom. Someone peers through your window. That’s intrusion upon seclusion.

Or let’s say you’re changing in a hotel room. Someone hides a camera to record you. Same thing.

Minnesota law makes this a crime under statute 609.746. The law specifically targets people who secretly watch, photograph, or record you in private places.

Public Disclosure of Private Facts

This one’s different. Someone shares your private information publicly.

The information has to be truly private. And sharing it would offend a reasonable person. Not just embarrass you, but actually offend most people’s sense of decency.

Here’s the catch. The information can’t be newsworthy. If it’s a matter of public interest, courts usually side with free speech.

Appropriation of Name or Likeness

Companies can’t use your name or photo to sell stuff without permission. Pretty straightforward.

A business puts your picture in their ads without asking. That’s appropriation. You can sue for damages.

This happens more than you’d think with social media these days.

False Light

Someone spreads misleading info about you. Makes you look bad publicly. That’s false light.

It’s similar to defamation, but different. The statement doesn’t have to be completely false. It just has to be misleading enough to put you in a bad light.

Minnesota’s Peeping Tom Laws

Okay, this part is important.

Minnesota statute 609.746 makes it a gross misdemeanor to secretly spy on someone in their private space. The law covers several scenarios.

You can’t enter someone’s property and peek through windows. You can’t install hidden cameras or recording devices. You can’t secretly photograph people in places where they expect privacy.

Private places include homes, hotel rooms, bathrooms, changing rooms, tanning booths, and anywhere else a reasonable person would expect privacy.

The law was updated in 2023 to close a loophole. Before that, someone could legally film you inside your own home if you’d invited them in. Seriously. The Minnesota Supreme Court ruled in 2022 that the old law only applied if someone filmed “through the window.”

That loophole is now closed. Thank goodness.

Recording Conversations in Minnesota

Minnesota is a one-party consent state. That means you can record a conversation if you’re part of it.

You don’t need to tell the other person you’re recording. As long as you’re actually in the conversation, you’re good.

But here’s the key detail. You can only record if you don’t have criminal or harmful intent. You can’t record someone to blackmail them. You can’t record to harass them.

If you’re not part of the conversation, you need consent from at least one person who is. Otherwise, it’s illegal wiretapping.

What About Phone Calls?

Same rules apply. One-party consent.

You can record your own phone calls without telling the other person. But if you’re recording someone else’s call, you need permission from at least one party on that call.

Violating these laws can get you up to five years in prison and a $20,000 fine. That’s under Minnesota statute 626A.02.

Hidden Cameras and Audio Recording

You can use security cameras on your own property. But you can’t record audio without consent.

A nanny cam with audio? You need to tell people it’s recording sound. Video only? Usually fine in common areas of your home.

Bathrooms and bedrooms are off-limits for cameras, even in your own house. Guests have a reasonable expectation of privacy in those spaces.

The New Minnesota Consumer Data Privacy Act

Here’s where things get modern.

Minnesota passed a comprehensive data privacy law in 2024. It took effect on July 31, 2025. This is huge for privacy protection.

The Minnesota Consumer Data Privacy Act gives you control over your personal data. Companies that collect your information have to follow strict rules now.

Your Data Privacy Rights

You have the right to know what data companies collect about you. You can ask for a copy. You can have them delete it.

You can opt out of companies selling your data. You can say no to targeted advertising. You can refuse to let companies build profiles about you.

Companies have to honor these requests. They can’t charge you for it. They can’t discriminate against you for exercising your rights.

Which Companies Does This Apply To?

Not every business falls under this law. There are thresholds.

The law applies to companies that process data from 100,000+ Minnesota consumers per year. Or companies that get more than 25% of their revenue from selling data and process data from 25,000+ Minnesota consumers.

Starting July 31, 2026, that first threshold drops to 35,000 consumers. More companies will be covered.

Small businesses are exempt. So are nonprofits, government entities, banks, credit unions, and insurance companies already regulated by other privacy laws.

Enforcement and Penalties

Only the Minnesota Attorney General can enforce this law. You can’t sue companies directly for violations.

Violators face fines up to $7,500 per violation. That adds up fast if a company violates thousands of people’s data rights.

Until January 31, 2026, companies get a 30-day warning to fix violations before facing penalties. After that date, penalties apply immediately.

Penalties for Privacy Violations

The punishment depends on which law you break.

Peeping tom crimes under statute 609.746 are gross misdemeanors. That means up to 364 days in jail and a $3,000 fine.

If the victim is a minor and you recorded them for sexual purposes, it becomes a felony. You’re looking at up to four years in prison and a $5,000 fine.

Illegal wiretapping can get you five years in prison and a $20,000 fine. That’s serious.

Civil Lawsuits

Beyond criminal charges, victims can sue you in civil court.

They can get damages for their harm. Courts can award three times the actual damages for illegal recordings. Plus attorney fees.

Invasion of privacy lawsuits can cost tens of thousands of dollars. Sometimes more.

Special Circumstances and Exceptions

Not every recording or surveillance is illegal. There are exceptions.

Law enforcement can record with proper warrants. Employers can monitor workplace communications in some situations.

Parents can sometimes record their minor children’s calls if they have a good faith belief it’s necessary for the child’s welfare. But this is risky. You could still face a lawsuit if you do it wrong.

Medical and Health Information

Your medical records get extra protection. Federal HIPAA laws apply on top of Minnesota state laws.

Healthcare providers can’t share your health info without permission. There are limited exceptions for treatment, payment, and healthcare operations.

The new Minnesota data privacy law doesn’t override HIPAA. Medical data regulated by HIPAA is exempt.

Public Places and Newsworthy Events

You generally can’t expect privacy in truly public places. Someone can photograph you on a public street.

But even in public, secretly recording private conversations might be illegal. And using someone’s photo commercially still requires permission in most cases.

News reporting gets special protection. If you’re involved in a newsworthy event, your privacy rights are limited.

How to Protect Your Privacy

Want to keep your information safe? Here’s what works.

Check your privacy settings on social media. Review what apps can access on your phone. Read privacy policies before agreeing to them.

Use strong passwords. Enable two-factor authentication. Be careful about what personal info you share online.

If a company violates your data privacy rights, file a complaint with the Minnesota Attorney General. They handle enforcement of the new privacy law.

What to Do If Someone Violates Your Privacy

Document everything. Save evidence. Take screenshots. Write down dates and times.

If someone is secretly recording you or peeping on you, call the police immediately. File a report.

You can also consult a lawyer about a civil lawsuit. You might be entitled to damages.

For data privacy violations, contact the Attorney General’s office at their privacy website: privacymn.gov. They have resources for filing complaints.

Frequently Asked Questions

Can I record a conversation with my boss in Minnesota?

Yes, if you’re part of the conversation. Minnesota is a one-party consent state. You don’t need your boss’s permission. But don’t use the recording for illegal purposes like blackmail.

Is it legal to use a security camera that records audio?

It depends where you put it. In your own home’s common areas, generally yes. But you should tell guests. In bathrooms or bedrooms, no. At work, check your company policy and inform people.

Can companies sell my data without permission in Minnesota?

Not anymore. The Minnesota Consumer Data Privacy Act gives you the right to opt out of data sales. Companies that fall under the law must honor your request.

What happens if I accidentally record someone?

Accidental recordings usually aren’t criminal. The law requires intent. But delete the recording once you realize the mistake. Don’t share it or use it.

Can I sue someone for posting embarrassing photos of me?

Maybe. If the photos invade your reasonable expectation of privacy or are used commercially without permission, you might have a case. If they’re from a public place or newsworthy event, probably not.

Final Thoughts

Minnesota takes privacy seriously now. The old laws covered peeping toms and illegal recordings. The new laws protect your digital data too.

Know your rights. Exercise them. Don’t let companies or people violate your privacy.

And if you’re thinking about recording someone or using their data, make sure you understand the law first. The penalties are real.

When in doubt, get permission. It’s way easier than fighting a lawsuit.

References

• Minnesota Statute 609.746 – Interference with Privacy (https://www.revisor.mn.gov/statutes/cite/609.746)
• Minnesota Statute 626A.02 – Interception and Disclosure of Communications (https://www.revisor.mn.gov/statutes/cite/626a.02)
• Minnesota Consumer Data Privacy Act (https://www.revisor.mn.gov/statutes/cite/325M)
• Minnesota Attorney General Privacy Resources (https://www.ag.state.mn.us/Office/Communications/2025/07/28_MCDPA.asp)
• Minnesota Privacy Portal (https://privacymn.gov)