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

Recording in public is generally legal in Minnesota. No Minnesota statute bans filming what is plainly visible in public, and the Eighth Circuit, which covers Minnesota, has held that photographing and video recording in a public park to inform the public is protected by the First Amendment (Ness v. City of Bloomington, 2021). 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 have broad freedom to record in public, but the federal constitutional protection is narrower than it is often described. In Ness v. City of Bloomington, 11 F.4th 914 (8th Cir. 2021), the Eighth Circuit, which covers Minnesota, held that taking photographs and recording videos in a public park to inform the public about a controversy is protected by the First Amendment. The court noted that recording unrelated to an expressive purpose may not receive the same protection.

The Eighth Circuit has not decided whether the First Amendment protects recording police. In Molina v. Book, 59 F.4th 334 (8th Cir. 2023), it held that any such right was not clearly established in 2015, which limits Section 1983 damages suits against individual officers. Other federal circuits recognize a right to record police in public, but those rulings are persuasive, not binding, in Minnesota.

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 can generally record on public streets, sidewalks, and in public parks. These are traditional public forums where First Amendment protections are at their strongest, though reasonable time, place, and manner rules can still apply. You can generally:

• 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

Recording is often allowed inside government buildings during public hours, but no Minnesota statute guarantees it, and each building's own rules control. Places where people commonly record include:

• 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 (subject to posted rules)

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. No court covering Minnesota has decided whether a broad ban on recording inside a particular government building would survive a First Amendment challenge, so follow posted rules and ask staff if you are unsure.

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
• A business can ask you to delete a recording, but no Minnesota law requires you to delete a lawfully made recording because an owner asks

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 (protected in several other federal circuits; the Eighth Circuit has not decided the question)
• 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. Because the Eighth Circuit has not decided whether recording police is protected, there is no binding federal ruling in Minnesota on when officers may order you to stop recording. Courts in other circuits have protected peaceful recording that does not interfere with police work.

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. The statute guarantees the right to attend; it does not address whether attendees may record. 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

Recording Open Meetings in Practice

Chapter 13D does not give attendees a statutory right to record, and it does not bar a public body from restricting recording. Where a public body's rules allow it, 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

Check the public body's own rules before you go. Bodies that allow recording often set rules about where equipment goes so the meeting is not disrupted (for example, requiring cameras to stay in one place rather than moving around the room).

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
• Force you to delete recordings already made (they can ask, but no Minnesota law requires you to delete a lawful recording on request)
• 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 makes it a crime to secretly record through a window or other opening into places like these where people may be undressed, with intent to intrude on their privacy, or to use a device there with intent to record someone's intimate parts without consent (that second offense applies whether or not the camera is hidden):

• 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

For these private-place offenses, a first offense is a gross misdemeanor (up to 364 days in jail and a $3,000 fine). A repeat offense, or an offense against a minor the offender knew or had reason to know was present, is a felony (up to 2 years and $5,000). Recording a minor with sexual intent, by someone more than 36 months older, is a felony carrying up to 4 years.

The statute's private-place paragraphs do not apply to conduct in a medical facility, or in a commercial establishment whose owner posts conspicuous surveillance signs. That exemption does not cover recording under or around clothing, audio recording, or a civil privacy lawsuit, so a sign is not a safe basis for a camera in a restroom or changing area.

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

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

Can I film people in public in Minnesota without their consent?

Yes. People in public spaces generally have no reasonable expectation of privacy. You can record video and take photographs of people on public streets, sidewalks, parks, and other public areas without their consent. No Minnesota law requires it, and the Eighth Circuit has held that recording in a public park to inform the public is protected by the First Amendment.

Can I record a government meeting in Minnesota?

It depends on the public body. Minnesota's Open Meeting Law (Chapter 13D) requires most government meetings to be open to the public, but it does not address recording by attendees or bar a body from restricting it. Check the body's own rules; where recording is allowed, the body may set rules about equipment placement.

Can a store owner tell me to stop recording in Minnesota?

Yes. While recording in a public-access business is not illegal, the property owner can ask you to stop recording and ask you to leave if you refuse. Staying after being asked to leave can result in trespassing charges under Minn. Stat. Section 609.605. The owner can ask you to delete a recording, but no Minnesota law requires you to delete a lawfully made recording because an owner asks.

Can I livestream in public in Minnesota?

Generally, yes. No Minnesota law bans livestreaming from public places, and the same rules that apply to recording apply to livestreaming: audio still falls under the wiretap law, private property owners can set rules, and public bodies set their own rules for their meetings.

Is it legal to record in a public restroom in Minnesota?

Generally, no. Restrooms are places where people have a reasonable expectation of privacy. Secretly recording into a restroom through a window or other opening with intent to intrude on privacy, or using a device in a restroom with intent to record someone's intimate parts without consent, violates Minn. Stat. Section 609.746. A first offense is a gross misdemeanor carrying up to 364 days in jail and a $3,000 fine, and offenses against a minor the offender knew or had reason to know was present are felonies.