In response to the rising need to safeguard personal data, many US states have responded with comprehensive consumer privacy laws that now regulate how businesses collect, use, share, and sell personal data while providing consumers more control. However, Hawaii does not yet have a comprehensive consumer data privacy law. To follow the progress of ongoing bills, see our US State Privacy Laws Tracker.
Even in the absence of a comprehensive statute, organizations must comply with existing state and federal privacy and data protection requirements.
The Current State of Data Protection Laws in Hawaii
Data breach notification (HRS Chapter 487N): This law outlines the data breach notification requirements for organizations operating in Hawaii.
Unfair or deceptive acts and practices (HRS §480-2): This law prohibits unfair or deceptive practices, such as misleading privacy notices or deceptive data, in trade or commerce.
Applicable Federal Laws
Depending on the industry and data, the following federal frameworks are applicable:
- Health Insurance Portability and Accountability Act (HIPAA) applies to businesses in the healthcare sector which deal with the Protected health Information (PHI) of individuals.
- Children’s Online Privacy Protection Act (COPPA) focuses on protecting minors' personal data and sensitive personal data (under 13 years of age) across the US.
- Gramm-Leach-Bliley Act (GLBA) requires financial institutions to protect the privacy and security of their customers' non-public personal information.
- Fair Credit Reporting Act (FCRA) regulates how consumer reporting agencies handle a person's financial information to ensure it is accurate, fair, and private.
Best Practices for Businesses Operating in Hawaii
Businesses may consider the following best practices when applying state and federal laws:
- Building a live data inventory to know the personal data collected, where it lives, who accesses it, and which laws apply (including cross-border issues).
- Automating data mapping and lineage to track flows across systems and to support data subject requests, risk assessments, and incident response.
- Implementing strong administrative, technical, and physical safeguards to strengthen security.
- Training teams working on privacy and security on a regular basis.
Conclusion
Hawaii has no comprehensive privacy statute yet, but its breach-notification law, UDAP regime, and federal frameworks create real obligations for businesses. Stay updated on state bills and go-live dates with our US State Privacy Laws Tracker.
