TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 23

MISCELLANEOUS PROVISIONS

67-2364.  limitations on digital identification. (1) As used in this section:

(a)  "Digital identification" means an electronic credential issued by a public entity and stored or displayed on a personal electronic device to establish a person’s identity, age, or legal status.

(b)  "Public entity" means the state of Idaho or any agency, department, board, commission, institution, political subdivision, or contractor acting on behalf of the state.

(2)(a)  A public entity shall not require any person to obtain, maintain, present, or use digital identification.

(b)  A public entity shall not deny, delay, condition, or reduce any service, benefit, license, employment, education, or access based on a person’s refusal or inability to use digital identification.

(c)  Physical, non-digital identification authorized under Idaho law shall remain valid for all governmental purposes.

(3)(a)  A public entity shall not require a person to surrender, unlock, or relinquish control of a personal electronic device for identity verification.

(b)  Presentation of digital identification shall not constitute consent to search or access any other contents of a device.

(4)(a)  Digital identification may be used only for immediate identity verification.

(b)  A public entity shall not track individuals, retain identity data beyond a transaction, or use digital identification as a universal or shared credential across agencies.

(5)(a)  The attorney general shall have the authority to enforce the provisions of this section. Before filing an action for injunctive relief, the attorney general shall provide written notice of the alleged violation and allow the public entity fifteen (15) days to cure the violation.

(b)  If the violation is not cured within fifteen (15) days, the attorney general may bring an action in district court to enjoin the public entity from violating the provisions of this section.

(6)  Any person aggrieved by a violation of this section may bring an action in district court for declaratory or injunctive relief.

(7)  A court issuing an order pursuant to this section may enforce such order through the court’s contempt authority as provided by law.

(8)  A prevailing plaintiff in an action brought pursuant to this section shall be entitled to reasonable attorney’s fees and costs.

(9)  No public employee shall be personally liable for actions taken within the employee’s scope of employment.

History:

[67-2364, added 2026, ch. 250, sec. 1, p. 1052.]