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How to Comply in Hawaii
As in most states, businesses in Hawaii must notify consumers of a data breach without delay. If the breach affects 1,000 or more people, the business owner also needs to send a written notice to the State of Hawaii Office of Consumer Protection and all credit-reporting agencies. Entities that comply with federal data breach laws (e.g., healthcare providers that comply with HIPAA) are considered to be in compliance with Hawaii’s laws. The penalty for not following reporting regulations can be up to $2,500 per violation.
| Name of Law / Statute | N/A |
| Definition of Protected Information | Combination of (1) name or other identifying info, PLUS (2) one or more of these “data” elements: SSN; driver’s license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes PLUS paper records |
| Who Is Subject to Law? | Any business that owns or licenses PI of Hawaii residents, or any entity doing business in HI that maintains or possesses PI |
| Notification of Consumers? | Yes, but only if material risk of harm to consumer or illegal use of PI |
| By what means? | Written, phone, or electronic; if >1000 residents, must notify consumer reporting agencies |
| Substitute Notice Threshold? | If cost of notice >$100,000 or involves >200k residents |
| Notification of authorities / regulators required? | Yes, if >1000 residents |
| By what means? | Writing |
| Regulatory Fines | Up to $2500/violation + any actual financial damages caused and attorney fees |
| Credit monitoring requirement? | No |
| Private lawsuits allowed? | No |
| Private damages cap? | N/A |
| Regulatory actions allowed? | N/A |
| HIPAA Compliance exemption? | N/A |
| Other (e.g., timeframe) | Law does not apply if PI was encrypted |
| Link to complete law | http://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0487N/HRS_0487N-0002.htm |
Learn more about Hawaii’s data breach law
