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What is the law?

Binding, on-point law (about)


Advisory sources (about)


Public records law (about)

The current provisions of Idaho's Public Records Act, originally enshrined in Title 9 (§§335-352), have, as of 2015, been repealed in favor of the newer, dedicated Title 74.

Does the public records law restrict the use of disclosed records?

In general, Idaho law does not allow records custodians to condition records requests on any information, including intended use, provided by the requestor. Idaho Code Ann. § 74-102(5). Records custodians may, however, restrict the copying of public records in order to preserve them. Under § 74-120, the Idaho Code specifically prohibits the use of public records as mailing or telephone lists; however, the state's Attorney General has clarified that this only prohibits use of the lists as compiled by the state government, and does not prevent the use of state records to compile lists independently.

Specifics and examples (about)

Status Applies to... Based on?
Copyrightable by statute Compilations of the Idaho state code [1] Idaho Code Ann. §§ 74-123, 73-210
Copyrightable by statute Design of state license plates Idaho Code Ann. §§ 49-450, 49-443
Copyrightable by administrative rule Materials produced by practice section of the Idaho State Bar ID R BAR COMM Rule 1110
Copyright asserted by department Content of Idaho Trails website, maintained by Idaho Parks and Recreation

Additional things to consider (about)

The Idaho code contains several statements about the ownership of state records. Idaho Code Ann. § 74-121(1) states that "Public records of the state and/or territory of Idaho are the property of the citizens of the state in perpetuity and they may not be improperly or unlawfully transferred or removed from their proper custodian."

The Idaho State Archives requires use of a permission form for reproduction of their image collections, and says only that items "may" be subject to copyright.

Where else to go




Administrative Rules