Law / United States / 
Idaho
Genetic Testing Privacy Act, restrictions on employers
In force.
A sensitive categories rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access, request, or require an individual's private genetic information, or require a genetic test, as a condition of a hiring, promotion, retention, or other related employment decision in Idaho if you employ five or more persons.
- Treat a government employer the same as a private employer under this Act; the definition of employer expressly includes government.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does an employer 'take into consideration' private genetic information under Idaho Code 39-8303(1)(a) when an applicant volunteers a genetic test result without being asked and the employer does not request it?
What it makes you log
Logging duty
The section bars an employer from accessing or considering private genetic information, requesting a release or a genetic test, or asking whether a test was taken, in a hiring, promotion or retention decision, with narrow court-order and forensic-laboratory exceptions. It requires no log or record and no audit, and a court order compelling disclosure is a one-off order, not access to a standing record. The section carries no territorial clause.
- Kind
- None
- As of
What this law does
Idaho's Genetic Testing Privacy Act (Idaho Code Title 39, Chapter 83) is an employment-context genetic-privacy statute rather than a general-audience personal-data regime.
Section 39-8303 bars an "employer", defined at sec. 39-8302(4) to include any entity employing five or more persons and expressly including government, from accessing or considering an individual's private genetic information, requesting or requiring consent to release it, requesting or requiring a genetic test of an individual or blood relative, or inquiring whether either has taken or refused one, in connection with a hiring, promotion, retention, or other related employment decision.
Narrow exceptions allow a court-ordered compelled disclosure in limited circumstances and forensic or human-remains DNA analysis by an employer that conducts it. The Act creates no controller or processor duties and no consumer-facing right against a business generally. The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app makes employment decisions.
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