Idaho § 67-2364
Full text of Idaho Idaho Statutes § 67-2364, with citation guidance and answers to common questions.
§ 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.
[67-2364, added 2026, ch. 250, sec. 1, p. 1052.]
Frequently Asked Questions About Idaho § 67-2364
What does Idaho Statutes § 67-2364 cover?
Section 67-2364 is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 67-2364?
A common citation format is "Idaho Statutes § 67-2364" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 67-2364 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.