2005 Idaho Code - 9-348 — PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER LISTS -- PENALTY

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 3
                               PUBLIC WRITINGS
    9-348.  PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER
LISTS -- PENALTY. (1) Except as provided in subsections (2), (3), (4), (5),
(6), (7), (8) and (9) of this section, in order to protect the privacy of
those who deal with public agencies or an independent public body corporate
and politic:
    (a)  No agency or independent public body corporate and politic may
    distribute or sell for use as a mailing list or a telephone number list
    any list of persons without first securing the permission of those on the
    list; and
    (b)  No list of persons prepared by the agency or independent public body
    corporate and politic may be used as a mailing list or a telephone number
    list except by the agency or independent public body corporate and politic
    or another agency without first securing the permission of those on the
    list.
    (2)  Except as may be otherwise provided in this chapter, this section
does not prevent an individual from compiling a mailing list or a telephone
number list by examination or copying of public records, original documents or
applications which are otherwise open to public inspection.
    (3)  The provisions of this section do not apply to the lists of
registered electors compiled pursuant to title 34, Idaho Code, or to lists of
the names of employees governed by chapter 53, title 67, Idaho Code.
    (4)  The provisions of this section shall not apply to agencies which
issue occupational or professional licenses.
    (5)  This section does not apply to the right of access either by Idaho
law enforcement agencies or, by purchase or otherwise, of public records
dealing with motor vehicle registration.
    (6)  This section does not apply to a corporate information list developed
by the office of the secretary of state containing the name, address,
registered agent, officers and directors of corporations authorized to do
business in this state or to a business information list developed by the
department of commerce containing the name, address, telephone number or other
relevant information of Idaho businesses or individuals requesting information
regarding the state of Idaho or to business lists developed by the department
of  agriculture, division of marketing and development, used to promote food
and agricultural products produced in Idaho.
    (7)  This section does not apply to lists to be used for ordinary utility
purposes which are requested by a person who supplies utility services in this
state. Ordinary utility purposes, as used in this chapter only, do not include
marketing or marketing research.
    (8)  This section does not apply to lists to be used to give notice
required by any statute, ordinance, rule, law or by any governing agency.
    (9)  This section does not apply to student directory information provided
by colleges, universities, secondary schools and school districts to military
recruiters for military recruiting purposes pursuant to the requirements of
federal laws.
    (10) If a court finds that a person or public official has deliberately
and in bad faith violated the provisions of subsection (1)(b) of this section,
the person or public official shall be liable for a civil penalty assessed by
the court in an amount not in excess of one thousand dollars ($1,000) which
shall be paid into the general account.