skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.

Previous Section

Content Last Revised: 3/4/91


Code of Federal Regulations Pertaining to ESA

Title 29  



Chapter V  

Wage and Hour Division, Department of Labor



Part 801  

Application of the Employee Polygraph Protection Act of 1988




Subpart D  

Recordkeeping and Disclosure Requirements

29 CFR 801.35 - Disclosure of test information.

  • Section Number: 801.35
  • Section Name: Disclosure of test information.

    Section 9 of the Act prohibits the unauthorized disclosure of any 
information obtained during a polygraph test by any person, other than 
the examinee, directly or indirectly, except as follows:
    (a) A polygraph examiner or an employer (other than an employer 
exempt under section 7 (a), (b), or (c) of the Act (described in 
Secs. 801.10 and 801.11 of this
part)) may disclose information acquired from a polygraph test only to:
    (1) The examinee or an individual specifically designated in writing 
by the examinee to receive such information;
    (2) The employer that requested the polygraph test pursuant to the 
provisions of this Act (including management personnel of the employer 
where the disclosure is relevant to the carrying out of their job 
    (3) Any court, governmental agency, arbitrator, or mediator pursuant 
to an order from a court of competent jurisdiction requiring the 
production of such information;
    (4) The Secretary of Labor, or the Secretary's representative, when 
specifically designated in writing by the examinee to receive such 
    (b) An employer may disclose information from the polygraph test at 
any time to an appropriate governmental agency without the need of a 
court order where, and only insofar as, the information disclosed is an 
admission of criminal conduct.
    (c) A polygraph examiner may disclose test charts, without 
identifying information (but not other examination materials and 
records), to another examiner(s) for examination and analysis, provided 
that such disclosure is for the sole purpose of consultation and review 
of the initial examiner's opinion concerning the indications of 
truthfulness or deception. Such action would not constitute disclosure 
under this part provided that the other examiner has no direct or 
indirect interest in the matter.
Previous Section

Phone Numbers