RELATING TO PRIVACY.

SB3016

THE SENATE

S.B. NO.

3016

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PRIVACY
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature finds that House Concurrent
Resolution No. 225, H.D. 1, S.D. 1, regular session of 2019 (H.C.R. No.
225), convened the twenty-first century privacy law task force, whose
membership consisted of individuals in government and the private sector having
an interest or expertise in privacy law in the digital era.
�
H.C.R. No. 225 found that public use of the
Internet and related technologies have significantly expanded in recent years
and that a lack of meaningful government regulation has resulted in personal
privacy being compromised.
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Accordingly,
the legislature requested that the task force examine and make recommendations
regarding existing privacy laws and rules to protect the privacy interests of
the people of the State.

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The
legislature further finds that, following significant inquiry and discussion,
the task force recommended that the outdated definition of "personal
information" in chapter 487N, Hawaii Revised Statutes, which requires the
public to be notified of data breaches, should be updated and expanded.
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Many identifying data elements relating to
individuals are collected, and, when exposed to the public in a data breach, can
place an individual at risk of identity theft or may compromise the
individual's personal safety.
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In its
current form, chapter 487N, Hawaii Revised Statutes, is not comprehensive
enough to cover the additional identifiers.

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Accordingly,
the purpose of this Act is to update the definition of "personal
information" in chapter 487N, Hawaii Revised Statutes, to include personal
identifiers and specified data elements that are found in more comprehensive
laws.

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SECTION
2.
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Section 487N-1, Hawaii Revised
Statutes, is amended as follows:

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1.
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By adding two new definitions to be
appropriately inserted and to read:

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"
"Identifier"
means a common piece of information related specifically to an individual that
is commonly used to identify the individual across technology platforms,
including:

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(1)
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A name used by an individual,
including the combination of the first name, any initials in the name, whether
at the beginning or middle of the name, or a nickname combined with the last
name;

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(2)
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A user name for an online account;

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(3)
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A mobile or home phone number; or

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(4)
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An email address specific to the
individual.

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"Specified
data element" means any of the following:

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(1)
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An individual's social security
number, either in its entirety or the last four or more digits;

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(2)
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Driver's license number, federal or
state identification card number, or passport number;

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(3)
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A federal individual taxpayer
identification number;

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(4)
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A military identification number;

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(5)
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An individual's financial account
number, or credit or debit card number, unless redacted;

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(6)
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A security code, access code,
personal identification number, or password that would allow access to an
individual's account;

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(7)
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Unique biometric data
generated from a measurement or analysis of human body characteristics
used for authentication purposes, including a fingerprint, voice print, retina
or iris image, or other unique physical or digital representation of biometric
data;

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(8)
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A private key that is unique to an
individual and is used to authenticate or sign an electronic record; and

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(9)
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Health insurance policy number,
subscriber identification number, medical identification number, or any other
unique number used by a health insurer to identify a person.

"Specified
data element" does not include medical information that is protected by
the Health Insurance Portability and Accountability Act of 1996 and its
enacting regulations or other applicable federal or state law.
"

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2.
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By amending the definition of "personal information" to read:

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"
"Personal
information" means an [
individual's first name or first initial and
last name
]
identifier
in combination with [
any
] one or more [
of
the following
]
specified
data elements, when either the [
name
]

identifier
or the
specified
data elements are not encrypted[
:

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(1)
�
Social
security number;

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(2)
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Driver's
license number or Hawaii identification card number; or

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(3)
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Account
number, credit or debit card number, access code, or password that would permit
access to an individual's financial account
].

"Personal
information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local
government records."

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SECTION

3
.
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Section 487N-2,
Hawaii Revised Statutes, is amended by amending subsection (g) to read as
follows:

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"(g)
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The following businesses shall be deemed to
be in compliance with this section:

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(1)
�
A financial institution that is subject
to the federal Interagency Guidance on Response Programs for Unauthorized
Access to Customer Information and Customer Notice published in the Federal
Register on March 29, 2005, by the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, and the Office of Thrift Supervision, or subject
to
title
12 [
C.F.R. Part
]
Code of Federal Regulations part

748, and any revisions, additions, or substitutions relating to the interagency
guidance; [
and
]

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(2)
�
Any health plan or [
healthcare
]
health
care
provider that is subject to and in compliance with the standards for
privacy or individually identifiable health information and the security
standards for the protection of electronic health information of the Health
Insurance Portability and Accountability Act of 1996[
.
]
; and

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(3)
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Any licensee that is subject to the
Insurance Data Security Law, chapter 431, article 3B.
"

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SECTION
4.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION
5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION
6.
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This Act shall take effect on July 1,
2026.

INTRODUCED BY:

_____________________________

Report Title:

Privacy;
Personal Information; Security Breach; Notice; Identifier; Specified Data
Element

Description:

Adds definitions of "identifier" and
"specified data element" and amends the definition of "personal
information" for the purposes of notifying affected persons of data and
security breaches under existing state law that governs the security breach of
personal information.
�
Includes licensees
subject to the Insurance Data Security Law among the businesses deemed
compliant with security breach notice requirements under existing state law.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.