§2008 — Title 29 Labor | U.S. Code

Summary

People other than the person who took a polygraph must not share what they learned from the test. A polygraph examiner may only give test information to the person tested or anyone that person names in writing, to the employer who ordered the test, or to a court, government agency, arbitrator, or mediator when a court orders it and legal process is followed. An employer (except those listed in subsection (a), (b), or (c) of section 2006) may only share the test results with the same people above, or with a government agency only if the information is a statement admitting criminal conduct.

Title 29, §2008

Labor — Source: USLM XML via OLRC

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

(b)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)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.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

§2008 Disclosure of information

Summary

Title 29, §2008

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Rules and Regulations

Citations & Metadata