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Hawaii State Privacy Protection Rights

Hawaii statewide privacy links:

Introduction to Hawaii Privacy Rights

Hawaii stands as one of the more progressive states in the United States when it comes to privacy protections, with a constitutional foundation that explicitly recognizes privacy as a fundamental right. Article I, Section 6 of the Hawaii State Constitution declares that "The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest." This constitutional provision, adopted in 1978, places Hawaii among a select group of states that have elevated privacy to constitutional status, alongside Alaska, California, Florida, and Montana.

This constitutional commitment translates into a comprehensive framework of statutory protections that govern how government agencies, businesses, employers, and other entities can collect, use, and disclose personal information about Hawaii residents. The state has enacted specific legislation addressing data breach notifications, employee privacy rights, consumer protections, and restrictions on government surveillance. Hawaii's privacy laws often exceed federal minimum standards, particularly in areas such as employment background checks and health information protection.

Compared to other states, Hawaii demonstrates a balanced approach that recognizes both individual privacy interests and legitimate public access to government records. The state's Uniform Information Practices Act (UIPA), codified in Hawaii Revised Statutes Chapter 92F, establishes one of the nation's strongest presumptions in favor of public access to government records while simultaneously protecting genuinely private information through carefully crafted exemptions. Hawaii residents benefit from robust protections against identity theft, unauthorized data collection, and invasive background checks, while maintaining meaningful government transparency through enforceable public records laws.

Hawaii's State Privacy Laws

Hawaii has developed a comprehensive statutory framework governing privacy across multiple domains. Understanding these specific laws empowers residents to assert their rights and hold violators accountable.

Data Breach Notification Law

Hawaii Revised Statutes §487N-2 establishes mandatory data breach notification requirements for any business that conducts business in Hawaii or that owns or licenses personal information of Hawaii residents. Under this statute, "personal information" means an individual's first name or first initial and last name in combination with one or more of the following data elements: social security number, driver's license number, Hawaii identification card number, account number in combination with security code or password that would permit access to a financial account, or any other information that, in combination with the individual's name, would facilitate identity theft.

The law requires notification "without unreasonable delay" following discovery of a breach. While the statute does not specify an exact number of days, businesses must provide notification in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and measures necessary to determine the scope of the breach and restore reasonable integrity of the data system. Businesses must also notify the state's Office of Consumer Protection when a breach affects more than 1,000 Hawaii residents.

Consumer Privacy Protection

Hawaii Revised Statutes §481B governs unfair and deceptive trade practices, which includes unauthorized collection or disclosure of personal information. Section 481B-14 specifically addresses security breach of personal information in a business's possession. Violations can result in civil penalties up to $2,500 per violation for businesses that fail to implement and maintain reasonable security procedures and practices.

Additionally, Hawaii Revised Statutes §487J addresses security freezes on consumer credit reports, giving Hawaii residents the right to place, temporarily lift, or remove a security freeze on their credit report. Credit reporting agencies must place the freeze within five business days of receiving a written request and must lift or remove the freeze within three business days of receiving the request.

Employee Privacy Rights

Hawaii provides substantial protections for employee privacy. Hawaii Revised Statutes §378-2 prohibits employment discrimination based on various protected characteristics and restricts what information employers can request. Section 378-2.5 specifically limits an employer's ability to inquire about or consider an applicant's criminal conviction record, with exceptions for certain positions.

Hawaii Revised Statutes §378-26 through §378-28 regulate criminal history record checks in employment. Employers cannot inquire about or consider a prospective employee's criminal conviction record until after the individual has received a conditional offer of employment. This "ban-the-box" provision applies to both public and private employers with one or more employees. Employers who conduct criminal background checks must provide applicants with a copy of the report and notification of their rights under the Fair Credit Reporting Act.

Financial Privacy

Hawaii follows federal financial privacy standards under the Gramm-Leach-Bliley Act but adds state-level enforcement through the Department of Commerce and Consumer Affairs. Hawaii Revised Statutes §487J also addresses the security of financial information and requires financial institutions to implement safeguards against identity theft. The state's identity theft laws, found in Hawaii Revised Statutes §708-839.6 through §708-839.8, establish criminal penalties for unauthorized access to financial information and provide victims with enhanced remedies.

Biometric Privacy

While Hawaii does not have a comprehensive biometric privacy statute comparable to Illinois's Biometric Information Privacy Act, biometric data is covered under the state's general data breach notification law. Biometric identifiers such as fingerprints, retina scans, and facial recognition data qualify as personal information requiring protection and breach notification under Hawaii Revised Statutes §487N-1.

Freedom of Information / Open Records in Hawaii

Hawaii's open records law, the Uniform Information Practices Act (UIPA), is codified in Hawaii Revised Statutes Chapter 92F. Enacted in 1988, UIPA establishes a strong presumption that government records are open to public inspection unless specifically exempted by law. The statute declares that "all government records are open to public inspection unless access is restricted or closed by law."

What UIPA Covers

UIPA applies to all state and county government agencies in Hawaii. A "government record" includes any information maintained by an agency in written, auditory, visual, electronic, or other physical form, regardless of physical characteristics or location. This broad definition encompasses emails, databases, photographs, recordings, and virtually any format in which information might be stored.

Exemptions to Public Access

Hawaii Revised Statutes §92F-13 lists specific exemptions that protect genuinely private or sensitive information. These include:

The privacy exemption under §92F-14 protects "personal information" defined as information identifiable to an individual including name, address, social security number, tax identification number, driver's license number, employment information, and information about education, finances, medical condition, or criminal history. However, agencies must segregate exempt information and release non-exempt portions of records.

How to Request Records

Any person may request government records under UIPA. Requests do not need to be in writing, though written requests are recommended for documentation purposes. The request should be directed to the agency that maintains the records and should reasonably describe the records sought with sufficient specificity to enable the agency to locate them.

Under Hawaii Revised Statutes §92F-11, agencies have ten business days to respond to a request. The agency may either provide the records, notify the requester that the records do not exist, deny access with an explanation of the legal basis for denial, or notify the requester that additional time is needed (up to ten additional business days with explanation).

Fee Schedules

Agencies may charge fees for the actual cost of searching, reviewing, and duplicating records. However, agencies must waive the first $60 of fees for the first request by a person per year. Standard copying fees are typically $0.25 per page for standard paper copies. Electronic records provided by email or on media supplied by the requester may be provided at no charge or minimal cost.

Appeals Process

If an agency denies a request or fails to respond within the required timeframe, the requester may appeal to the Office of Information Practices (OIP), an independent state agency that administers UIPA. The OIP is located at 465 South King Street, Room 200, Honolulu, HI 96813. Appeals must be filed within 30 days of the denial or failure to respond. The OIP will investigate and issue an opinion determining whether the agency properly applied UIPA. If the requester disagrees with the OIP's determination, they may file a lawsuit in circuit court. Hawaii Revised Statutes §92F-15 provides that a court may award attorney's fees and costs to a prevailing plaintiff.

HIPAA and Health Privacy

The Health Insurance Portability and Accountability Act (HIPAA) establishes federal minimum standards for protecting medical information throughout the United States, including Hawaii. HIPAA applies to covered entities—healthcare providers, health plans, and healthcare clearinghouses—as well as their business associates. These entities must protect the privacy and security of protected health information (PHI) and give patients specific rights regarding their medical records.

Hawaii-Specific Health Privacy Protections

Hawaii supplements federal HIPAA protections with additional state-level safeguards. Hawaii Revised Statutes §323C governs the confidentiality of healthcare information and, in some respects, provides stronger protections than HIPAA. Under §323C-3, healthcare providers and health plans must obtain written authorization from patients before disclosing healthcare information for purposes other than treatment, payment, or healthcare operations. This requirement is more restrictive than HIPAA in certain contexts.

Hawaii Revised Statutes §334-5 provides specific protections for mental health records, requiring patient consent before disclosure except in limited circumstances involving danger to self or others. Similarly, §325-101 protects HIV/AIDS-related information with stringent confidentiality requirements that exceed HIPAA standards.

Patient Rights Under Hawaii Law

Hawaii residents have the right to access their medical records under both HIPAA and state law. Hawaii Revised Statutes §622-57 gives patients the right to inspect and copy their medical records maintained by physicians, hospitals, and other healthcare facilities. Healthcare providers must provide copies within ten business days of receiving a written request. Providers may charge reasonable copying fees but cannot condition access on payment of outstanding medical bills.

Under Hawaii Revised Statutes §487N-2, healthcare providers must notify patients if a data breach compromises their medical information. This notification must occur without unreasonable delay and must describe the types of information compromised, steps patients should take to protect themselves, and what the provider is doing to investigate and address the breach.

Consumer Data Privacy Rights

Hawaii residents possess several important rights regarding personal data collected about them, though Hawaii has not enacted a comprehensive consumer privacy law comparable to California's Consumer Privacy Act or Virginia's Consumer Data Protection Act. Nevertheless, Hawaii consumers benefit from federal protections and targeted state laws addressing specific privacy concerns.

Data Collection and Use Rights

Under Hawaii Revised Statutes §481B (Unfair and Deceptive Practices), businesses must disclose their data collection practices and cannot engage in deceptive practices regarding how they collect, use, or share consumer information. While this statute does not create a comprehensive right to access or deletion, it provides a mechanism for enforcement when businesses misrepresent their privacy practices.

Hawaii Revised Statutes §487N requires businesses that own or license personal information to implement and maintain reasonable security measures to protect that information. Consumers whose information is compromised due to inadequate security measures may have grounds for legal action under this statute.

Opt-Out Rights

Hawaii consumers have specific opt-out rights in certain contexts. Under federal law applicable in Hawaii, consumers can opt out of receiving prescreened credit offers by visiting optoutprescreen.com or calling 1-888-567-8688. This opt-out, managed by the nationwide credit bureaus, prevents unsolicited credit offers for five years (or permanently with a written request).

For telephone solicitations, Hawaii residents can register with the National Do Not Call Registry at donotcall.gov or by calling 1-888-382-1222. Additionally, Hawaii Revised Statutes §481P regulates automatic dialing-announcing devices and provides Hawaii residents with enhanced protections against unwanted telephone solicitations.

Removing Information from Data Brokers

Data brokers—companies that collect and sell personal information—operate largely unregulated in Hawaii, as the state has not enacted comprehensive data broker legislation. However, Hawaii residents can take proactive steps to remove their information from these databases:

Credit Report Rights Under FCRA

The Fair Credit Reporting Act (FCRA) provides Hawaii residents with important rights regarding credit reports. Hawaii residents can obtain one free credit report annually from each of the three major credit bureaus (Equifax, Experian, and TransUnion) by visiting annualcreditreport.com or calling 1-877-322-8228.

Under Hawaii Revised Statutes §487J, Hawaii residents have the right to place a security freeze on their credit reports free of charge. The credit bureau must implement the freeze within five business days and lift it within three business days when requested. Security freezes prevent new creditors from accessing credit reports, effectively preventing identity thieves from opening new accounts in the victim's name.

Hawaii residents also have the right to dispute inaccurate information on credit reports. Credit bureaus must investigate disputes within 30 days and correct or remove inaccurate information. If the bureau fails to correct errors, consumers can file complaints with the Consumer Financial Protection Bureau and the Hawaii Office of Consumer Protection.

Employment Background Checks & Privacy

Hawaii has implemented some of the nation's strongest protections for job applicants regarding criminal background checks and employment screening. These laws balance employers' legitimate interests in workplace safety with applicants' privacy rights and opportunities for rehabilitation.

Ban-the-Box Law

Hawaii Revised Statutes §378-2.5, commonly known as Hawaii's "ban-the-box" law, prohibits employers from inquiring about or considering a job applicant's criminal conviction record until after making a conditional offer of employment. This law applies to all employers in Hawaii, including private employers with one or more employees, making it one of the broadest ban-the-box laws in the nation.

Under this statute, employers cannot ask about criminal history on job applications, during interviews, or at any point before extending a conditional job offer. Once a conditional offer is made, employers may conduct a criminal background check, but they must follow specific procedures before withdrawing the offer based on criminal history.

Consideration of Criminal Records

If an employer discovers criminal history after making a conditional offer, Hawaii Revised Statutes §378-2.5 requires the employer to consider several factors before taking adverse action:

The employer must perform an individualized assessment and cannot categorically exclude applicants based on criminal history unless specifically required by law. Certain positions, such as law enforcement, positions working with vulnerable populations, and positions requiring specific professional licenses, may have different requirements under separate statutes.

Fair Credit Reporting Act Requirements

When employers use third-party background check companies (consumer reporting agencies), they must comply with the Fair Credit Reporting Act. This requires employers to:

What Employers Cannot Access

Hawaii law restricts what criminal history information employers can consider. Arrest records that did not result in conviction generally cannot be considered. Hawaii Revised Statutes §378-2.5 also provides that expunged, sealed, or pardoned convictions should be treated as though they never occurred.

How Long Records Remain Accessible

Criminal conviction records in Hawaii are generally permanent and remain accessible indefinitely unless sealed or expunged. However, under the Fair Credit Reporting Act, consumer reporting agencies cannot report most criminal convictions older than seven years (except for convictions with sentences exceeding seven years, which may be reported indefinitely).

Disputing Inaccurate Records

Job applicants who discover inaccurate information on background checks have several options. Under the FCRA, individuals can dispute inaccurate information directly with the consumer reporting agency, which must investigate within 30 days. Individuals can also dispute inaccurate criminal records with the Hawaii Criminal Justice Data Center by contacting them at 808-587-3106 or submitting a written request with supporting documentation to 465 South King Street, Room 101, Honolulu, HI 96813.

Protecting Yourself in Hawaii

Hawaii residents can take concrete steps to protect their privacy and personal information. This section provides actionable guidance for exercising your privacy rights.

Opting Out of People-Search Sites

People-search websites aggregate public records and other information to create detailed profiles. To remove your information:

Step 1: Search for your name on major people-search sites including Spokeo, Whitepages, BeenVerified, Intelius, PeopleFinders, MyLife, TruthFinder, and Instant Checkmate.

Step 2: For each site where you appear, locate the opt-out or privacy page (usually found in the footer or privacy policy).

Step 3: Follow the specific opt-out procedure for each site. Most require you to find your listing, copy the URL, and submit it through an opt-out form.

Step 4: Document your opt-out requests, including dates and confirmation numbers.

Step 5: Check back in 30-60 days to verify removal. Some sites require repeated opt-out requests.

Freezing Your Credit

Under Hawaii Revised Statutes §487J, you can freeze your credit reports for free:

Equifax: Visit equifax.com/personal/credit-report-services or call 1-800-349-9960

Experian: Visit experian.com/freeze/center.html or call 1-888-397-3742

TransUnion: Visit transunion.com/credit-freeze or call 1-888-909-8872

You must contact each bureau separately. The freeze takes effect within five business days and remains until you lift or remove it. You'll receive a PIN or password to manage your freeze. Keep this information secure, as you'll need it to temporarily lift the freeze when applying for credit legitimately.

Requesting Record Sealing or Expungement

Hawaii law provides limited opportunities for sealing or expunging criminal records. Under Hawaii Revised Statutes §831-3.2, individuals may petition to expunge arrest records that did not result in conviction. The petition must be filed in the circuit court where the arrest occurred.

For conviction records, Hawaii does not have a general expungement statute, but certain convictions may be eligible for pardoning through the Hawaii Paroling Authority. Additionally, some convictions may be set aside under Hawaii Revised Statutes §706-623, which allows courts to set aside convictions for first-time offenders after successful completion of probation.

To pursue expungement or record sealing:

Step 1: Obtain a copy of your criminal history record from the Hawaii Criminal Justice Data Center (808-587-3106).

Step 2: Determine eligibility based on the nature of the offense and time elapsed.

Step 3: File a petition with the appropriate circuit court, including all required documentation and filing fees.

Step 4: Serve notice on the prosecuting attorney and await any objections.

Step 5: Attend the hearing if required and present evidence supporting your petition.

Removing Public Records

To request removal of personal information from government records, submit a UIPA request to the Office of Information Practices requesting redaction of personal information under the privacy exemption (Hawaii Revised Statutes §92F-14). Contact the OIP at:

Office of Information Practices
465 South King Street, Room 200
Honolulu, HI 96813
Phone: 808-586-1400
Email: oip@hawaii.gov

Protecting Against Data Breaches

Monitor your accounts regularly and consider enrolling in credit monitoring services. If you receive a data breach notification, immediately change passwords, monitor accounts for suspicious activity, and consider placing a fraud alert or security freeze on your credit reports. Report identity theft to the Federal Trade Commission at identitytheft.gov and to the Hawaii Office of Consumer Protection at 808-586-2636.

Hawaii Data Breach Notification

Hawaii Revised Statutes §487N-2 establishes comprehensive requirements for businesses that experience data breaches affecting Hawaii residents. Understanding these requirements helps consumers know what to expect when their information is compromised and enables businesses to comply with legal obligations.

Who Must Notify

Any business that conducts business in Hawaii or owns or licenses personal information of Hawaii residents must provide notification if a security breach compromises that information. This applies regardless of where the business is located—if it maintains personal information of Hawaii residents, it must comply with Hawaii's notification requirements.

"Personal information" under the statute means an individual's first name or first initial and last name combined with one or more of the following: social security number, driver's license number or Hawaii identification card number, account number combined with required security code or password, or any other information that in combination with the person's name would facilitate identity theft.

Notification Requirements and Timeframe

Businesses must provide notification "without unreasonable delay" after discovering or being notified of a breach. While the statute does not specify an exact number of days, notification must occur in the most expedient time possible and without unreasonable delay, consistent with:

Notification may be delayed if law enforcement determines that notification would impede a criminal investigation. In such cases, notification must occur after law enforcement determines it will not compromise the investigation.

Methods of Notification

Businesses must notify affected Hawaii residents through one of the following methods:

Substitute notice consists of email notice when the business has email addresses, conspicuous posting of the notice on the business's website, and notification to major statewide media.

Notification to the Office of Consumer Protection

If a breach affects more than 1,000 Hawaii residents, the business must also notify the Hawaii Office of Consumer Protection. This notification must be submitted to:

Office of Consumer Protection
Department of Commerce and Consumer Affairs
335 Merchant Street, Room 310
Honolulu, HI 96813
Phone: 808-586-2636
Email: ocp@dcca.hawaii.gov

Content of Notification

Notifications must include a description of the breach, the types of personal information compromised, steps the business is taking to investigate and address the breach, contact information for major credit reporting agencies, and information about the resident's rights to obtain security freezes and credit reports.

Penalties for Violations

Businesses that fail to comply with Hawaii's data breach notification law may face civil penalties. Under Hawaii Revised Statutes §487N-3, violations constitute unfair or deceptive trade practices under §480-2. Each violation can result in penalties up to $2,500. Additionally, the Attorney General or county prosecutors may bring enforcement actions, and affected individuals may have grounds for civil lawsuits if they suffer damages due to a business's failure to provide timely notification.

Children's Privacy (Hawaii)

Children's privacy receives special protection under both federal and state law. Hawaii parents and guardians should understand these protections to safeguard children's personal information.

COPPA Compliance in Hawaii

The Children's Online Privacy Protection Act (COPPA) applies throughout Hawaii, requiring websites and online services directed to children under 13 to obtain verifiable parental consent before collecting, using, or disclosing personal information from children. COPPA requires covered operators to:

Parents in Hawaii can enforce COPPA rights by contacting website operators directly or filing complaints with the Federal Trade Commission at ftc.gov/complaint.

Hawaii-Specific Child Privacy Laws

Hawaii has not enacted a comprehensive state-level child privacy law beyond COPPA, but children's personal information receives protection under Hawaii's general privacy laws. Hawaii Revised Statutes §487N includes children's personal information within the scope of protected data requiring breach notification. Additionally, Hawaii Revised Statutes §711-1111.5 criminalizes the unauthorized disclosure of private images of minors, providing enhanced protections against exploitation.

School Records and FERPA

The Family Educational Rights and Privacy Act (FERPA) protects student education records in Hawaii. FERPA gives parents the right to:

In Hawaii, schools must provide parents access to education records within 30 days of a request. Parents who believe records are inaccurate may request amendments. If the school denies the request, parents have the right to a hearing. Hawaii schools must obtain written parental consent before disclosing education records, with limited exceptions for school officials with legitimate educational interests, other schools to which a student is transferring, and certain other specified circumstances.

When students turn 18 or attend a postsecondary institution, FERPA rights transfer to the student. Hawaii Revised Statutes §302A-1126 supplements FERPA by restricting disclosure of student records maintained by Hawaii public schools and requiring schools to maintain reasonable security measures.

Frequently Asked Questions

Can I seal my criminal record in Hawaii?

Hawaii has limited expungement provisions. Under Hawaii Revised Statutes §831-3.2, you can petition to expunge arrest records that did not result in conviction. For conviction records, Hawaii does not have a general expungement statute, but certain first-time offender convictions may be set aside under §706-623 after successful completion of probation. You must file a petition in the circuit court where the arrest or conviction occurred. Contact the Hawaii Criminal Justice Data Center at 808-587-3106 for information about your specific record, or consult with an attorney who specializes in criminal record expungement.

How do I access my government records held by Hawaii agencies?

Submit a request under the Uniform Information Practices Act (UIPA) to the agency that maintains the records. You can make oral or written requests, though written requests are recommended. The agency must respond within ten business days. If your request is denied, you can appeal to the Office of Information Practices at 465 South King Street, Room 200, Honolulu, HI 96813, or call 808-586-1400. The OIP provides guidance and mediation services at no cost.

What should I do if a Hawaii business experiences a data breach involving my information?

The business must notify you without unreasonable delay under Hawaii Revised Statutes §487N-2. Upon receiving notification, immediately change passwords for affected accounts, monitor your credit reports and financial accounts for suspicious activity, consider placing a fraud alert or security freeze on your credit reports, and report any identity theft to the Federal Trade Commission at identitytheft.gov and the Hawaii Office of Consumer Protection at 808-586-2636. Document all communications and keep copies of the breach notification.

Can employers in Hawaii ask about my criminal history on job applications?

No. Hawaii Revised Statutes §378-2.5 prohibits employers from inquiring about criminal history until after making a conditional offer of employment. This "ban-the-box" law applies to all Hawaii employers, including private employers with one or more employees. Employers can only conduct criminal background checks after extending a conditional job offer, and they must consider factors such as the nature of the offense, time elapsed, and evidence of rehabilitation before withdrawing an offer based on criminal history. If an employer violates this law, you can file a complaint with the Hawaii Civil Rights Commission at 808-586-8636.

How do I place a security freeze on my credit report in Hawaii?

Contact each of the three major credit bureaus directly. Under Hawaii Revised Statutes §487J, security freezes are free. Contact Equifax at 1-800-349-9960 or equifax.com/personal/credit-report-services; Experian at 1-888-397-3742 or experian.com/freeze/center.html; and TransUnion at 1-888-909-8872 or transunion.com/credit-freeze. The freeze must be implemented within five business days and can be temporarily lifted within three business days when you need to apply for credit. You'll receive a PIN or password to manage your freeze—keep this secure.

What privacy rights do I have regarding my medical records in Hawaii?

You have the right to access, inspect, and obtain copies of your medical records under both HIPAA and Hawaii Revised Statutes §622-57. Healthcare providers must provide copies within ten business days of receiving a written request. Providers can charge reasonable copying fees but cannot deny access based on unpaid medical bills. You also have the right to request corrections to inaccurate information and to receive a notice of privacy practices explaining how your information may be used. Mental health records receive additional protections under Hawaii Revised Statutes §334-5.

How can I remove my personal information from people-search websites?

You must opt out from each website individually, as Hawaii has not enacted comprehensive data broker legislation requiring automatic removal. Search for your name on major sites like Spokeo, Whitepages, BeenVerified, and Intelius. Find each site's opt-out page (usually in the footer or privacy policy), locate your listing, and submit an opt-out request following the site's specific procedure. Document each request and check back in 30-60 days to verify removal. Some sites require repeated requests. Consider using opt-out services that automate this process across multiple data brokers.

What are my rights if an employer conducts a background check on me in Hawaii?

Under the Fair Credit Reporting Act, employers must obtain your written authorization before ordering a background check from a consumer reporting agency. If the employer intends to take adverse action based on the report, they must

Last reviewed: Apr 2, 2026 Updated: Apr 2, 2026