Idaho Code
Idaho Code § 48-801 (2026)
Definitions.
✓ current as of May 2026
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Definitions.
As used in this chapter unless the context requires otherwise:
(1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) "Misappropriation" means:
(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(A) Used improper means to acquire knowledge of the trade secret; or
(B) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(i) Derived from or through a person who had utilized improper means to acquire it;
(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(C) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) "Computer program" means information which is capable of causing a computer to perform logical operation(s) and:
(a) Is contained on any media or in any format;
(b) Is capable of being input, directly or indirectly, into a computer; and
(c) Has prominently displayed a notice of copyright, or other proprietary or confidential marking, either within or on the media containing the information.
(5) "Trade secret" means information, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Trade secrets as defined in this subsection are subject to disclosure by a public agency according to chapter 1, title 74, Idaho Code.
Notes of Decisions
Cited in 18
cases (4 in the last 5 years), 1934–2026 · leading case: Wesco Autobody Supply, Inc. v. Ernest, 243 P.3d 1069 (Idaho 2010).
Wesco Autobody Supply, Inc. v. Ernest, 243 P.3d 1069 (Idaho 2010). “Idaho Code § 48-801 (5) defines a "trade secret" as follows: [I]nformation, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that: (a) Derives independent economic value, actual or potential, from not being generally…”
Animal Legal Def. Fund v. Wasden, 878 F.3d 1184 (9th Cir. 2018). “See Idaho Code § 48-801 et seq. (prohibiting misappropriation of trade secrets).”
Basic Am., Inc. v. Shatila, 992 P.2d 175 (Idaho 1999). “When applied to the definition of “trade secret” under the ITSA, the district court’s findings of fact support a ruling that a trade secret existed.”
Nw. Bec-Corp. v. Home Living Serv., 41 P.3d 263 (Idaho 2002). “At the center of this claim is whether HLS and Hughes met them burden under the motion for summary judgment by proving that misappropriation as defined in I.C. § 48-801(2) did not occur. As discussed in the standard of review, if HLS and Hughes met their burden through the…”
La Bella Vita v. Amanda Shuler, 353 P.3d 420 (Idaho 2015). “2d 175, 183 (1999); Idaho Code § 48-801 . Pursuant to the ITSA: “Trade secret” means information, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that: (a) Derives independent economic value, actual or potential, from…”
JustMed, Inc. v. Byce, 600 F.3d 1118 (9th Cir. 2010). “See Idaho Code Ann. §§ 48-801 to -807. Significant for our purposes, Idaho explicitly includes a definition of “computer program” as a protectable trade secret.”
Ins. Assocs. Corp. v. Hansen, 782 P.2d 1230 (Idaho 1989). “Further, regarding IAC's claim under the Idaho Trade Secrets Act, I.C. § 48-801 et seq., the court found that "the evidence does not establish that Mr.”
Ins. Assocs. Corp. v. Hansen, 723 P.2d 190 (Idaho Ct. App. 1986). “failing to ascertain and consider the intent of the parties to the employment agreement? Did the trial court err in its interpretation of the agreement? Did the trial court err in failing to find that the defendants solicited and acquired customers of Insurance Associates, in…”
Evans v. Gen. Motors Corp., 893 A.2d 371 (Conn. 2006). “(1993); Idaho Code § 48-801 et seq. (2003); 765 Ill.”
Walco, Inc. v. Cnty. of Idaho, 357 P.3d 856 (Idaho 2015). “To recover under the Idaho Trade Secrets Act, I.C. §§ 48-801 to 48-807, the Plaintiff must show that a trade secret actually existed.”
Trumble v. Farm Bureau (Idaho 2019). “See I.C. § 48-801. Misappropriation is defined as: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) Disclosure or use of a trade secret of another without express or implied…”
Promo Shop, Inc. v. Jackalope, Inc. & Jackalope, LLC (D. Idaho 2026). “, Idaho Code § 48-801 (5). Although the evidence shows the potential transfer or retention of certain repositories of information, that alone does not establish Jackalope took protectable trade secrets from those repositories.”
— Idaho Code § 48-801(1) — 2 cases
Basic Am., Inc. v. Shatila, 992 P.2d 175 (Idaho 1999). “When applied to the definition of “trade secret” under the ITSA, the district court’s findings of fact support a ruling that a trade secret existed.”
Trumble v. Farm Bureau (Idaho 2019). “See I.C. § 48-801. Misappropriation is defined as: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) Disclosure or use of a trade secret of another without express or implied…”
— Idaho Code § 48-801(2) — 7 cases
Wesco Autobody Supply, Inc. v. Ernest, 243 P.3d 1069 (Idaho 2010). “Idaho Code § 48-801 (5) defines a "trade secret" as follows: [I]nformation, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that: (a) Derives independent economic value, actual or potential, from not being generally…”
Nw. Bec-Corp. v. Home Living Serv., 41 P.3d 263 (Idaho 2002). “At the center of this claim is whether HLS and Hughes met them burden under the motion for summary judgment by proving that misappropriation as defined in I.C. § 48-801(2) did not occur. As discussed in the standard of review, if HLS and Hughes met their burden through the…”
Basic Am., Inc. v. Shatila, 992 P.2d 175 (Idaho 1999). “When applied to the definition of “trade secret” under the ITSA, the district court’s findings of fact support a ruling that a trade secret existed.”
Trumble v. Farm Bureau (Idaho 2019). “See I.C. § 48-801. Misappropriation is defined as: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) Disclosure or use of a trade secret of another without express or implied…”
BigRentz, Inc. v. KGM Enter., LLC (D. Idaho 2023).
— Idaho Code § 48-801(2)(b) — 1 case
Basic Am., Inc. v. Shatila, 992 P.2d 175 (Idaho 1999). “When applied to the definition of “trade secret” under the ITSA, the district court’s findings of fact support a ruling that a trade secret existed.”
— Idaho Code § 48-801(5) — 7 cases
Wesco Autobody Supply, Inc. v. Ernest, 243 P.3d 1069 (Idaho 2010). “Idaho Code § 48-801 (5) defines a "trade secret" as follows: [I]nformation, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that: (a) Derives independent economic value, actual or potential, from not being generally…”
Nw. Bec-Corp. v. Home Living Serv., 41 P.3d 263 (Idaho 2002). “At the center of this claim is whether HLS and Hughes met them burden under the motion for summary judgment by proving that misappropriation as defined in I.C. § 48-801(2) did not occur. As discussed in the standard of review, if HLS and Hughes met their burden through the…”
La Bella Vita v. Shuler (Idaho Ct. App. 2018).
Trumble v. Farm Bureau (Idaho 2019). “See I.C. § 48-801. Misappropriation is defined as: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) Disclosure or use of a trade secret of another without express or implied…”
BigRentz, Inc. v. KGM Enter., LLC (D. Idaho 2023).
— Idaho Code § 48-801(5)(a) — 1 case
Basic Am., Inc. v. Shatila, 992 P.2d 175 (Idaho 1999). “When applied to the definition of “trade secret” under the ITSA, the district court’s findings of fact support a ruling that a trade secret existed.”
— Idaho Code § 48-801(5)(b) — 1 case
Walco, Inc. v. Cnty. of Idaho, 357 P.3d 856 (Idaho 2015). “To recover under the Idaho Trade Secrets Act, I.C. §§ 48-801 to 48-807, the Plaintiff must show that a trade secret actually existed.”
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