Idaho Privacy laws & HR compliance analysis

Idaho Privacy: What you need to know

Idaho recognizes four categories of invasion of privacy:
• Intrusion upon one's seclusion or solitude or into one's private affairs;
• Public disclosure of embarrassing private facts;
• Publicity that places the individual in a false light in the public eye; and
• Appropriation of one's name and likeness (Taylor v. K. T. V. B., Inc., 525 P.2d 984 (Idaho 1974)).
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Businesses, individuals, and government agencies that own or license computerized data that include personal information about an Idaho resident, must, when it becomes aware of a breach of security, 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 a misuse of information has occurred or is reasonably likely to occur, the business must provide notice to the affected residents. This notice must be made as quickly as possible and without unreasonable delay. Such notice must also be consistent with the legitimate needs of law enforcement and any measures necessary to determine the scope of the breach, to identify the individuals affected, and to restore the reasonable integrity of the system.
Entities that maintain but do not own or license such computerized data are required to notify and cooperate with the owner or licensee of the information of any breach immediately following discovery of a breach if misuse of personal information about an Idaho resident occurred or is reasonably likely to occur (ID Code Sec. 28-51-105).
Notice must be sent in writing, by telephone, or electronically. Substitute notice may be used if the cost of providing notice will exceed $25,000; the number of residents to be notified ...

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