Skip to content
DWT logo
People Services Insights
About Offices Careers
Search
People
Services
Insights
About
Offices
Careers
Search

Idaho

See the Summary of U.S. State Data Breach Maps

Quick Facts

Breach Based on Harm Threshold: Yes
Deadline for Consumer Notice: Most expedient time possible without unreasonable delay
Government Notification Required: No*

Idaho Code Ann. §§ 28-51-104 to 107

Scope of this Summary:

Notification requirements applicable to individuals or commercial entities that conduct business in the state and own, license, or maintain covered info. Some types of businesses may be exempt from some or all of these requirements, and non-commercial entities may be subject to different requirements.

Risk of Harm Threshold

Notification not required if, after reasonable and prompt investigation, the covered entity determines that misuse of a resident's covered info has not occurred or is not reasonably likely to occur.

Breach Defined

Illegal acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.

Encryption Safe Harbor

Statute does not apply to information that is encrypted.

Form of Covered Info

Electronic Only

Covered Info

An Idaho resident's first name or first initial and last name in combination with any one or more of the following data elements:

  • Social Security number.
  • Driver's license number or Idaho identification card number.
  • Account number, or credit or debit card number, in combination with any required security code, access code, or password that would permit access to a resident's financial account.

Consumer Notice Timing

Must be made in most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach, identify the residents affected, and restore the reasonable integrity of the system.

Consumer Notice Method

By written notice, telephonic notice, or electronic notice if it is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.

Consumer Notice Content

 Content of notice undefined.

Delayed Notice

Notification may be delayed if law enforcement determines that notification will impede a criminal investigation.

Government Notice

N/A* – Public agencies have a duty to notify the AG.

Consumer Reporting Agency Notice

N/A

Exceptions for Other Laws

An individual or a commercial entity that is regulated by state or federal law and that maintains procedures for a breach of the security of the system pursuant to the laws, rules, regulations, guidances, or guidelines established by its primary or functional state or federal regulator is deemed to be in compliance with section 28-51-105, Idaho Code, if the individual or the commercial entity complies with the maintained procedures when a breach of the security of the system occurs.

Third-Party Notice

If you maintain covered info on behalf of another entity, you must notify it immediately following discovery of a breach if misuse of covered info has occurred or is reasonably likely to occur. Must cooperate by sharing relevant information about breach.

Private Right of Action

The Idaho statute does not provide for a private right of action.

Potential Penalties

Violations may result in civil penalties.

This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on June 15, 2023

DWT logo
©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.
Media Kit Affiliations Legal notices
Privacy policy Employees DWT Collaborate EEO
SUBSCRIBE
©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.