Law / United States / 
Idaho
Genetic Testing Privacy Act, enforcement
In force since .
An enforcement supervision rule binding public and private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Expect a violation of the Genetic Testing Privacy Act to be enforced solely by the Idaho Attorney General, bringing an action in the state's name, never by a private plaintiff.
- Avoid a violation of the employer restriction; it carries a civil penalty of up to $25,000 per violation, in addition to any other available remedy at law or equity.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Is the civil penalty of up to $25,000 'per violation' under Idaho Code 39-8304(1)(d) counted per affected individual, per prohibited request, or per employment decision?
What it makes you log
Logging duty
The section lets the attorney general sue an employer for a declaratory judgment, an injunction, damages or restitution, and civil penalties of up to $25,000 per violation. It names no record, log, audit or power to demand records, and it carries no territorial clause.
- Kind
- None
- As of
What this law does
The Idaho Attorney General has exclusive enforcement authority over the Genetic Testing Privacy Act.
Whenever the Attorney General has reason to believe an employer is violating, has violated, or is about to violate the chapter, the Attorney General may bring an action in the state's name for a declaratory judgment, an injunction, recovery of actual damages or restitution on behalf of the state and its agencies, and a civil penalty of up to $25,000 per violation, deposited to the state general fund. These remedies are in addition to any other available remedy at law or equity.
The chapter creates no private right of action for a genetic-information violation, unlike SDATAA's express injured-party route for student data.
When LexLint raises it
When your app profile says your app makes employment decisions.
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