Law note · Idaho
Genetic Testing Privacy Act, restrictions on employers
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.
What it asks of an app
- 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.
When LexLint raises it
Declared activities: high_risk_decisions
Primary source: official Idaho statute text, Idaho Code Title 39, Chapter 83, Idaho Legislature