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
responsibilities);
(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
information.
(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.
