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