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

Based on the additional information provided, here are the requirements for collecting personal information from participants in Idaho:

Collecting Personal Information for Voting Purposes

If you are collecting personal information for voting purposes, Idaho Code section 34-1113 requires all voters to provide personal identification before voting at the polls or at absent electors polling places. The personal identification that may be presented includes an Idaho driver’s license or identification card issued by the Idaho transportation department, a passport or an identification card, including a photograph, issued by an agency of the United States government, a tribal identification card, including a photograph, a current student identification card, including a photograph, issued by a high school or an accredited institution of higher education, including a university, college or technical school, located within the state of Idaho, or a license to carry concealed weapons issued under section 18-3302, Idaho Code, or an enhanced license to carry concealed weapons issued under section 18-3302K, Idaho Code. [1.2]

Collecting Personal Information for Business Purposes

If you are a city, county, state agency, individual, or commercial entity that conducts business in Idaho and that owns or licenses computerized data that includes personal information about a resident of Idaho, you must comply with Idaho Code section 28-51-105. This section requires that when you become aware of a breach of the security of the system, you must conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused. If the investigation determines that the misuse of information about an Idaho resident has occurred or is reasonably likely to occur, you must give notice as soon as possible to the affected Idaho resident. Notice must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach, to identify the individuals affected, and to restore the reasonable integrity of the computerized data system. [3.1]

Collecting Confidential Information

If you are collecting confidential information, you must comply with IDAPA 16.05.01.75, which states that without consent or authorization, no one may use or disclose health or other confidential information except as provided in Section 100 of this chapter. With consent or authorization, confidential information will be used or disclosed only on a need-to-know basis and to the extent minimally necessary for the conduct of the Department’s business and the provision of benefits or services, subject to law and the exceptions listed in these rules. Recipients of information must protect against unauthorized disclosure or use of the information for purposes that are not specified in a consent or an authorization. Access to an individual’s own records is governed by Section 125 of this chapter. [5.1]

Access to Records About a Person by a Person

A person may inspect and copy the records of a public agency pertaining to that person, even if the record is otherwise exempt from public disclosure. A person may request in writing an amendment of any record pertaining to that person. Within ten (10) days of the receipt of the request, the public agency shall either make any correction of any portion of the record which the person establishes is not accurate, relevant, or complete or inform the person in writing of the refusal to amend in accordance with the request and the reasons for the refusal, and indicate clearly the person’s right to appeal the refusal and the time period for doing so. The right to inspect and amend records pertaining to oneself does not include the right to review otherwise exempt investigatory records of a public agency if the investigation is ongoing, information that is compiled in reasonable anticipation of a civil action or proceeding which is not otherwise discoverable, the information relates to adoption records, information which is otherwise exempt from disclosure by statute or court rule, or records of a prisoner maintained by the state or local agency having custody of the prisoner or formerly having custody of the prisoner or by the commission of pardons and parole. [4.1]

Based on the information provided, it is important to ensure that you are complying with the relevant laws and regulations when collecting personal information in Idaho.

Source(s):
Jurisdiction

Idaho