Quick Facts
Breach Based on Harm Threshold: Yes
Deadline for Consumer Notice: Without unreasonable delay
Government Notification Required: Yes, if >1,000 individuals notified
Scope of this Summary:
Notification requirements applicable to commercial entities that own, license, or maintain covered info of state residents, or conduct business in the state and own or license covered info. Some types of businesses may be exempt from some or all of these requirements, and non-commercial entities may be subject to different requirements.
Risk of Harm Threshold
Notification not required if illegal use of covered info has not occurred nor is reasonably likely to occur, and incident does not create a risk of harm to the person.
Breach Defined
Unauthorized access to and acquisition of covered info where illegal use of the personal information has occurred or is reasonably likely to occur and creates risk of harm to the person, excluding certain good-faith access by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is redacted or encrypted so long as the encryption key was not accessed or acquired.
Form of Covered Info
Electronic or Paper
Covered Info
An individual's first name or first initial and last name in combination with any one or more of the following data elements:
- Social Security number.
- Driver's license number or Hawaii identification card number.
- Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account.
Consumer Notice Timing
Must be made without unreasonable delay, consistent with any measures to determine contact info, the scope of the breach, and to restore the reasonable integrity, security, and confidentiality of the system.
Consumer Notice Method
By written notice to last known address; by telephonic notice if direct contact is made; or by email if individual has consented to receive electronic communications and notice is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
The notice shall be clear and conspicuous and include a description of the following:
- The incident in general terms.
- The type of personal information that was subject to the unauthorized access and acquisition.
- The general acts of the business or government agency to protect the personal information from further unauthorized access.
- A telephone number that the person may call for further information and assistance, if one exists.
- Advice that directs the person to remain vigilant by reviewing account statements and monitoring free credit reports.
Delayed Notice
Notification may be delayed if law enforcement informs covered entity that notice may impede a criminal investigation or jeopardize national security and requests delay. Request must be in writing or documented contemporaneously in writing by covered entity.
Government Notice
If more than 1,000 individuals notified, must, without unreasonable delay, notify, in writing, the Hawaii Office of Consumer Protection of timing, distribution, and content of the consumer notice.
Consumer Reporting Agency Notice
If more than 1,000 individuals notified, must, without unreasonable delay, notify, in writing, all nationwide Consumer Reporting Agencies of timing, distribution, and content of the consumer notice.
Exceptions for Other Laws
A covered entity is deemed in compliance with the Hawaii statute if it is subject to either:
The Health Insurance Portability and Accountability Act (HIPAA) and in compliance with HIPAA's standards for privacy or individually identifiable health information and the security standards for the protection of electronic health information;
The federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice (70 Fed. Reg. 15,736-01 (March 29, 2005)) or the National Credit Union Administration security program regulations.
Third-Party Notice
If you maintain covered info on behalf of another entity, you must notify it immediately following discovery of a breach.
Private Right of Action
The Hawaii general breach notification statute provides for a private right of action.
Potential Penalties
Violations may result in civil penalties.
This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.
Last revised on June 15, 2023