29 U.S.C. § 2008

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 2008 - Disclosure of information

(a) In general

A person, other than the examinee, may not disclose information obtained during a polygraph test, except as provided in this section.

(b) Permitted disclosures

A polygraph examiner may disclose information acquired from a polygraph test only to-

(1) the examinee or any other person specifically designated in writing by the examinee;

(2) the employer that requested the test; or

(3) any court, governmental agency, arbitrator, or mediator, in accordance with due process of law, pursuant to an order from a court of competent jurisdiction.

(c) Disclosure by employer

An employer (other than an employer described in subsection (a), (b), or (c) of section 2006 of this title) for whom a polygraph test is conducted may disclose information from the test only to-

(1) a person in accordance with subsection (b); or

(2) a governmental agency, but only insofar as the disclosed information is an admission of criminal conduct.

29 U.S.C. § 2008

Pub. L. 100-347, §9, June 27, 1988, 102 Stat. 652.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100-347 set out as a note under section 2001 of this title.

employer

The term "employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.

polygraph

The term "polygraph" means an instrument that-(A) records continuously, visually, permanently, and simultaneously changes in cardiovascular, respiratory, and electrodermal patterns as minimum instrumentation standards; and(B) is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.