Law note · Hawaii
Hawaii Security Breach of Personal Information Act, notice of security breach
A business that owns or licenses personal information of Hawaii residents, a business conducting business in Hawaii that owns or licenses such information, and a government agency that collects personal information for government purposes must each provide notice, without unreasonable delay, to a person affected by a security breach.
Notice must be clear and conspicuous, describe the incident and the type of personal information exposed, describe remedial steps taken, give a contact number, and advise the recipient to monitor credit reports; substitute notice is available above a $100,000 cost or 200,000-person threshold. Above a 1,000-person notice threshold, the business must also notify the State of Hawaii's Office of Consumer Protection and nationwide consumer reporting agencies.
Hawaii's personal information definition covers only a name combined with a Social Security number, driver's license or state ID number, or a financial account number with an access code or password, excludes information lawfully made public through federal, state, or local government records, and has no biometric, genetic, or health category, so a breach of biometric data alone triggers no notice duty.
What it asks of an app
- Provide clear and conspicuous notice, without unreasonable delay, to a Hawaii resident affected by a security breach of a system containing their personal information, describing the incident, the type of information exposed, and remedial steps taken.
- Notify the State of Hawaii's Office of Consumer Protection and nationwide consumer reporting agencies if the breach requires notifying more than 1,000 persons at one time.
- Do not rely on this statute to cover a breach of biometric, genetic, or health data alone. Hawaii's personal information definition does not include any of those categories.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Hawaii Revised Statutes text, Hawaii State Legislature