Title 29 — Labor
Chapter 22 — Employee Polygraph Protection
§ 2008. Disclosure of information
Statutory text
In general
A person, other than the examinee, may not disclose information obtained during a polygraph test, except as provided in this section.
Permitted disclosures
A polygraph examiner may disclose information acquired from a polygraph test only to—
the examinee or any other person specifically designated in writing by the examinee;
the employer that requested the test; or
any court, governmental agency, arbitrator, or mediator, in accordance with due process of law, pursuant to an order from a court of competent jurisdiction.
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—
a person in accordance with subsection (b); or
a governmental agency, but only insofar as the disclosed information is an admission of criminal conduct.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Employee Polygraph Protection Act of 1988
Pub. L. 100–347 § 9 · 102 Stat. 646
Enacted · 29 U.S.C. § 2008
(Pub. L. 100–347, § 9, June 27, 1988, 102 Stat. 652.)
Source evidence
Code source credit
(Pub. L. 100–347, § 9, June 27, 1988, 102 Stat. 652.)Enacted provision · exact public law section
SEC. 9. 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 7) 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.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after , except that rules and regulations shall be issued not later than 90 days after , see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.