IdahoIdaho law limits public agencies’ use of digital identification
Starting July 1, 2026, Idaho public entities must accept state-approved physical identification and limit how they check, store, and share digital identity information.
What it does
Idaho public entities may not require people to use digital identification or deny or limit services, benefits, work, education, or access because someone cannot or will not use it. State-approved physical ID remains valid for government purposes.
During identity checks, public entities may not make people surrender or unlock their devices. They may use digital identification only for an immediate check and may not track people or keep identity data beyond the transaction.
The attorney general may ask a court to stop a violation if the public entity does not fix it within 15 days after written notice. A person harmed by a violation may also ask a court for help.
Argument forPeople could keep using state-approved physical ID and protect their devices and identity data during government identity checks.
Argument againstPublic entities could face added court work and legal costs when the attorney general or affected people bring cases over digital identification rules.
More detail
Idaho public entities may not require people to obtain, keep, show, or use digital identification, or penalize them for refusing or being unable to use it. This covers Idaho state and local government bodies, public institutions, and contractors acting for the state. Physical identification authorized under Idaho law remains valid for all government purposes. These rules take effect July 1, 2026.
Public entities may use digital identification only for immediate identity checks and may not make people give up or unlock their devices. These limits apply when Idaho public entities use digital identification to verify identity. Showing digital identification does not allow a public entity to search or access other contents on the device. Public entities may not track people, keep identity data beyond a transaction, or use digital identification as a shared credential across agencies. These rules take effect July 1, 2026.
The attorney general and people harmed by a violation may ask a district court to stop it. These court actions concern violations by Idaho public entities. Before asking a court for an order, the attorney general must give written notice and allow the public entity 15 days to fix the violation. A person harmed by a violation may seek a court declaration or an order to stop it. A plaintiff who wins is entitled to reasonable attorney fees and costs. Public employees are not personally liable for actions within their job duties. These rules take effect July 1, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 1Signed by Governor Brad Little on 03/31/26 Session Law Chapter 250 Effective: 07/01/2026Became Law
- Mar 30Reported delivered to Governor at 2 p.m. on 03/30/26To Governor
- Mar 30Reported signed by the Speaker & ordered delivered to GovernorMinor
- Mar 30Received from Senate; Signed by Speaker; Returned to SenateMajor
- Mar 30Reported enrolled; signed by President; to House for signature of SpeakerMajor
- Mar 27Returned From House Passed; referred to enrollingMinor
- Mar 26Rules Suspended: Ayes 68 Nays 1 Abs/Excd 1, read in full as required – PASSED - 70-0-0AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Egbert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Galaviz, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Haws, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – NoneAbsent – NoneFloor Sponsor - BarbieriTitle apvd - to SenatePassed 2nd Chamber
- Vote recorded Rules Suspended: Ayes 68 Nays 1 Abs/Excd 1, read in full as required –. Result: pass.Lower
- Mar 26Read second time; Filed for Third ReadingMinor
- Mar 25Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Mar 19Read First Time, Referred to State AffairsMinor
- Vote recorded Read third time in full as amended –. Result: pass.Upper
- Mar 19Received from the Senate, Filed for First Reading
- Mar 19Read third time in full as amended – PASSED - 35-0-0AYES – Adams, Anthon, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, ZuiderveldNAYS – NoneAbsent and excused – NoneFloor Sponsor - NicholsTitle apvd - to HousePassed 1st Chamber
- Mar 17Read second time as amended, filed for Third readingMinor
- Mar 16Read first time as amended, filed for Second Reading
- Mar 16Reported engrossed, filed for first reading, as amended
- Mar 16Amendments reported printed
- Mar 13Amendments ordered printed; referred for engrossment
- Mar 13Reported out without recommendation, as amended
- Mar 13Placed in the Committee of the Whole
- Mar 2Reported out of committee; to 14th Order for amendment
- Feb 17Reported Printed; referred to State Affairs
- Feb 16Introduced; read first time; referred to JR for PrintingIntroduced
TechnologyAI & Privacy