Privacy Law Library

Interception of Communications (Iowa wiretap act)

Iowa Wiretap Act

Communications

Iowa's wiretap act makes it a felony to willfully intercept wire, oral, or electronic communications, or to use or disclose unlawfully intercepted contents, and gives victims a civil damages claim. Interception is lawful when the interceptor is a party or one party consents, unless done to commit a crime or tort, and property owners may capture oral communications with consented surveillance systems for crime prevention.

Where
Iowa
Citation
Iowa Code ch. 808B (808B.1 to 808B.14)
Status
In force
Last amended
2018-07-01
Enforced by
County attorneys and the Attorney General (criminal); aggrieved persons (civil)
People can sue
Yes
Penalties
Willful interception, use, or disclosure is a class D felony (808B.2(1)). Victims may recover actual damages of at least $100 per day or $1,000, whichever is higher, punitive damages for willful, malicious, or reckless violations, attorney fees, and injunctive relief (808B.8).
Applies to
  • Any person who intercepts, or uses or discloses the contents of, wire, oral, or electronic communications (808B.2)
  • Communications common carriers and switchboard operators (808B.2(2)(a), (3))
  • Any person installing or using a pen register or trap and trace device (808B.10)

Practices it requires

  • Do not willfully intercept, or use or disclose the contents of unlawfully intercepted, wire, oral, or electronic communications.Iowa Code 808B.2(1)(a)-(d)
  • Interception is lawful if the person is a party or one party consented in advance, unless done to commit a criminal, tortious, or other injurious act.Iowa Code 808B.2(2)(c)
  • Property owners or lessees may intercept oral communications through a surveillance system on their property installed with all owners' or lessees' consent and used to detect or prevent crime.Iowa Code 808B.2(2)(d) · From 2018-07-01
  • Communications carriers may intercept only as a necessary incident to service or to protect their rights or property, and may not use service observing or random monitoring except for mechanical or quality checks.Iowa Code 808B.2(2)(a) · Only if: Communications common carrier
  • Do not install or use a pen register or trap and trace device without a warrant or court order, except for provider operations, abuse protection, or consent-based uses listed in the statute.Iowa Code 808B.10(1)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Original effective date of 1989 Acts ch. 225 not confirmed (session law not opened).

Research reference, not legal advice.