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Can I collect device information from participants in Idaho? What are the requirements?

Collecting Device Information from Participants in Idaho

If you are collecting device information from participants in Idaho, you may need to comply with certain legal requirements. The specific requirements will depend on the type of device information you are collecting and the context in which it is being collected.

Pen Registers and Trap and Trace Devices

If you are collecting device information for the purpose of conducting a criminal investigation, you may need to comply with the requirements for pen registers and trap and trace devices under Idaho law. Pen registers record or decode electronic impulses that identify the numbers dialed or transmitted on a telephone line, while trap and trace devices capture the incoming electronic impulses that identify the originating number of a communication [1.4].

To use a pen register or trap and trace device in Idaho, the prosecuting attorney or attorney general must make an application for an order or an extension of an order authorizing or approving the installation and use of the device under Idaho Code section 18-6722. The application must include the identity of the prosecuting attorney or attorney general making the application, the identity of the law enforcement agency conducting the investigation, and a certification that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency [1.2].

Upon request of the prosecuting attorney or attorney general, a provider of wire or electronic communication service, landlord, custodian, or other person must furnish the applicant, investigative or law enforcement officer with all information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place [1.3].

Device Security Requirements

If you are collecting device information for any other purpose, you may need to comply with the device security requirements under IDAPA 39.03.49.301. These requirements include measures to prevent tampering or physical circumvention of the device, unique serial numbering for each device, warning labels, physical anti-tamper security, and personnel requirements for installation, inspection, testing, and maintenance of the device [3.1].

Other Relevant Laws and Regulations

If you are collecting any personal information from participants, you may need to comply with other relevant laws and regulations, such as data privacy laws. For example, Idaho has a data breach notification law that requires businesses to notify affected individuals in the event of a breach of personal information [IDST 28-51-104].

It is important to note that without more specific information about the type of device information you are collecting and the context in which it is being collected, it is difficult to provide a more detailed response.

Source(s):
Jurisdiction

Idaho