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Notification Requirements and Penalties
Idaho state law requires businesses to notify affected individuals of a breach as soon as possible, unless a “good-faith, reasonable, and prompt” investigation reveals that the personal information has not and will not be misused. This law also applies to businesses that maintain personal data for another entity. Businesses that fail to notify can be fined up to $25,000 per breach. Read more about ID’s data breach laws below.
| Name of Law / Statute | N/A |
| Definition of Protected Information | Combination of (1) name or other identifying info, PLUS (2) one or more of these “data” elements: SSN; driver’s license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes. |
| Who Is Subject to Law? | Any person or business conducting business in the state who licenses or maintains PI in course of business |
| Notification of Consumers? | Yes, but only if breaches “materially compromise the security, confidentiality, or integrity of” PI |
| By what means? | Written, phone, or electronic |
| Substitute Notice Threshold? | If cost of notice >$25,000 or for >50k residents |
| Notification of authorities / regulators required? | Yes, must notify AG within 24 hours of finding breach (per amendment in HB 566) |
| By what means? | N/A |
| Regulatory Fines | Up to $25,000 per intentional failure to notify |
| Credit monitoring requirement? | N/A |
| Private lawsuits allowed? | No |
| Private damages cap? | N/A |
| Regulatory actions allowed? | Yes |
| HIPAA Compliance exemption? | N/A |
| Other (e.g., timeframe) | Law does not apply if PI was encrypted |
| Link to complete law | http://legislature.idaho.gov/idstat/Title28/T28CH51.htm |
Learn more about Idaho’s data breach law.
