S1332 Amending Idaho Code 9-203 Confidential Relations and Communications
It has been an honor to work with stakeholders from the Idaho Coalition Against Sexual and Domestic Violence and receiving letters of support from Domestic Violence Programs all over the state to rectify a loophole in the law that has been creating stress on programs. This bill will align state and federal law so programs don’t have to waste resources fighting lawsuits and subpoenas when they could be spending those resources on helping their clients.
Purpose/Why is this important?
For any victim service agency or community organization working with survivors of domestic and dating violence, sexual assault, and stalking, maintaining confidentiality is paramount to preserving the safety, privacy, and trust of those seeking services. When survivors seek services, they take huge personal risks. If an abuser should discover that a victim is seeking services, the abuse could increase in frequency and severity. There can also be potential societal and personal repercussions from being identified as a victim, such as housing or job discrimination.
Because survivor privacy is so critical to safety, several federal laws include privacy and confidentiality provisions, and most states prohibit the disclosure of victim information. Victim service providers in the United States who are receiving federal funds have some of the strongest confidentiality obligations that exist in the country, however these privacy protections are not mirrored in Idaho law. This gap in law requires our community victim service programs to use their limited resources and budgets to respond to official demands for information (subpoenas, warrants, court orders, auditors & monitors) outlining federal protections instead of providing an affirmative protection at the state level.
What problem does the legislation address?
Currently, domestic and sexual violence programs are required to maintain confidentiality under their federal funding sources. Unfortunately, because there is no similar state-level protection, program employees and volunteers and records are sought. Programs must then divert their limited resources to respond to protect client information instead of providing services.
What does the legislation do?
This closes a loophole and makes is clear that the state law also protects the confidential communication of victims getting help from staff members of domestic and sexual violence programs. It’s essential to ensure that victims know that they can come forward without fear that personal information is shared which could put the victim at further harm; lack of protection also could have a chilling affect on victims who would like to seek services but fear for their safety and protection.