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Idaho Data Breach Statute


Idaho Code Ann. §§ 28-51-104 to 107

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Notification Required


Most expedient time possible without
unreasonable delay



More Details

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.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; or account, credit card or debit card number in combination with any security code, access code, or password that would permit access to a resident's financial account.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted.
Breach Defined Illegal acquisition that compromises the security, confidentiality or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
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 resident affected, and restore the reasonable integrity of the system.

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.
Delayed Notice Notification may be delayed if law enforcement determines that notification will impede a criminal investigation.
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.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them 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.
Potential Penalties Violations may result in civil penalties.


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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 May 30, 2018