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29 U.S.C. § 2008 — Disclosure of information
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2006&num=0&edition=prelim)) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2008
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Stable record: federal_law:legal_authorities:record_usc_7eb323f688524a6af6fc4e28
Source file: Laws/federal/codes/united-states-code/title-29/section-2008-disclosure-of-information--810fae7e2e.md
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Source location: Title 29, Chapter 22, § 2008; chapter-022-employee-polygraph-protection.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2006&num=0&edition=prelim)) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) No application to governmental employers** This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government.
**(b) National defense and security exemption**
(1) **National defense** — Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any counterintelligence function, of any lie detector test to—
(A) any expert or consultant under contract to the Department of Defense or any employee of any contractor of such Department; or
(B) any expert or consultant under contract with the Department of Energy in connection with the atomic energy defense activities of such Department or any employee of any contractor of such Department in connection with such activities.
(2) **Security** — Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any intelligence or counterintelligence function, of any lie detector test to—
(A)
(i) any individual employed by, assigned to, or detailed to, the National Security Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, or the Central Intelligence Agency,
(ii) any expert or consultant under contract to any such agency,
(iii) any employee of a contractor to any such agency,
(iv) any individual applying for a position in any such agency, or
(v) any individual assigned to a space where sensitive cryptologic information is produced, processed, or stored for any such agency; or
(B) any expert, or consultant (or employee of such expert or consultant) under contract with any Federal Government department, agency, or program whose duties
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2006
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) **Commerce** — The term “commerce” has the meaning provided by [section 203(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/b&num=0&edition=prelim).
(2) **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.
(3) **Lie detector** — The term “lie detector” includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) that 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.
(4) **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.
(5) **Secretary** — The term “Secretary” means the Secretary of Labor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2001
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Federal law — U.S. Code and appendices · legal_authorities
Page 766
TITLE 29—LABOR
§ 2008
(A) further interview the examinee on the
basis of the results of the test; and
(B) provide the examinee with—
(i) a written copy of any opinion or con-
clusion rendered as a result of the test,
and
(ii) a copy of the questions asked during
the test along with the corresponding
charted responses.
(5) Maximum number and minimum duration
of tests
The examiner shall not conduct and com-
plete more than five polygraph tests on a cal-
endar day on which the test is given, and shall
not conduct any such test for less than a 90-
minute duration.
(c) Qualifications and requirements of examiners
The exemptions provided under subsections
(d), (e), and (f) of section 2006 of this title shall
not apply unless the individual who conducts
the polygraph test satisfies the requirements
under the following paragraphs:
(1) Qualifications
The examiner—
(A) has a valid and current license granted
by licensing and regulatory authorities in
the State in which the test is to be con-
ducted, if so required by the State; and
(B) maintains a minimum of a $50,000 bond
or an equivalent amount of professional li-
ability coverage.
(2) Requirements
The examiner—
(A) renders any opinion or conclusion re-
garding the test—
(i) in writing and solely on the basis of
an analysis of polygraph test charts,
(ii) that does not contain information
other than admissions, information, case
facts, and interpretation of the charts rel-
evant to the purpose and stated objectives
of the test, and
(iii) that does not include any rec-
ommendation concerning the employment
of the examinee; and
(B) maintains all opinions, reports, charts,
written questions, lists, and other records
relating to the test for a minimum period of
3 years after administration
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 2008
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