Title 26, Trade Regulation And Practice

[§487D-2] Retail merchant club cards; requirements. (a) No club card issuer shall request in a club card application, or require as a condition of obtaining a club card, that the applicant provide any personal information except name, address, and telephone number. If the club ca…

[§487G-1] Short title. This chapter shall be known and may be cited as the Uniform Employee and Student Online Privacy Protection Act. [L 2021, c 39, pt of §2]

[§487G-2] Definitions. As used in this chapter: "Content" means information, other than login information, that is contained in a protected personal online account, accessible to the account holder, and not publicly available. "Educational institution" means a person that provide…

[§487G-3] Protection of employee online account. (a) Subject to the exceptions in subsection (b), an employer shall not: (b) Nothing in subsection (a) shall prevent an employer from: (c) An employer with whom content is shared by an employee for a purpose specified in subsection …

[§487G-4] Protection of student online account. (a) Subject to the exceptions in subsection (b), an educational institution shall not: (b) Nothing in subsection (a) shall prevent an educational institution from: (c) An educational institution with whom content is shared by a stud…

[§487G-5] Civil action. (a) The attorney general may bring a civil action in district court against an employer or educational institution for a violation of this chapter. A prevailing attorney general may obtain: (b) An employee or student may bring a civil action against the em…

[§487G-6] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001 et seq., but does not modify, limit, or supersede …

[§487G-7] Relation to other state laws. In case of any conflict between any provision of this chapter and a provision of any other chapter, this chapter shall control. [L 2021, c 39, pt of §2]

[§487G-8] Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and t…

§487J-1 Definitions. As used in this chapter: "Affiliated" means businesses or persons who have contractual arrangements with, or are subject to the control of, the pharmacy benefit manager. "Business" means a sole proprietorship, partnership, limited partnership, corporation, li…

§487J-2 Social security number protection. (a) Except as otherwise provided in subsection (b), a business or government agency may not do any of the following: (b) Subsection (a) shall not apply to: (c) A business or government agency covered by this section shall make reasonable…

[§487J-3] Penalties; civil action. (a) Any business that violates any provision of this chapter shall be subject to penalties of not more than $2,500 for each violation. The attorney general or the executive director of the office of consumer protection may bring an action pursua…

[§487J-4] Reporting requirements. A government agency shall submit a written report to the legislature within twenty days after the discovery of a material occurrence of a social security number disclosure by the government agency that is prohibited by this chapter. The report sh…

[§487J-5] Policy and oversight responsibility. (a) By September 1, 2009, each government agency shall designate an agency employee to have policy and oversight responsibilities for the protection of personal information. (b) The designated agency employee shall:

§487J-6 Unlawful use of identification card or driver's license. (a) No business may scan the machine-readable zone of an individual's identification card or driver's license, except for the following purposes: (b) No business shall retain any information obtained pursuant to sub…

[§487J-7] Pharmacy benefit managers; health information; prohibited marketing practices. (a) A pharmacy benefit manager shall not: (b) Nothing in this section shall prohibit the use of a patient's health information that is used in conjunction with an insurer-authorized program t…

§487N-1 Definitions. As used in this chapter, unless the context otherwise requires: "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized, and whether or not organized to operate at a profit. The term includes a financia…

§487N-2 Notice of security breach. (a) Any business that owns or licenses personal information of residents of Hawaii, any business that conducts business in Hawaii that owns or licenses personal information in any form (whether computerized, paper, or otherwise), or any governme…

[§487N-3] Penalties; civil action. (a) Any business that violates any provision of this chapter shall be subject to penalties of not more than $2,500 for each violation. The attorney general or the executive director of the office of consumer protection may bring an action pursua…

[§487N-4] Reporting requirements. A government agency shall submit a written report to the legislature within twenty days after discovery of a security breach at the government agency that details information relating to the nature of the breach, the number of individuals affecte…

§487N-5 Information privacy and security council; established; duties; reports. (a) There is established an information privacy and security council within the department of accounting and general services for administrative purposes only. Members of the council shall be appointe…

[§487N-6] Personal information security; best practices; websites. (a) The council shall identify best practices to assist government agencies in improving security and privacy programs relating to personal information. No later than March 31, 2009, the council shall identify bes…

[§487N-7] Personal information system; government agencies; annual report. (a) Effective January 1, 2009, any government agency that maintains one or more personal information systems shall submit to the council an annual report on the existence and character of each personal inf…

§487R-1 Definitions. As used in this chapter: "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. Except as provided in section 487R-2(e), the term includes a financi…

§487R-2 Destruction of personal information records. (a) Any business or government agency that conducts business in Hawaii and any business or government agency that maintains or otherwise possesses personal information of a resident of Hawaii shall take reasonable measures to p…

[§487R-3] Penalties; civil action. (a) Any business that violates any provision of this chapter shall be subject to penalties of not more than $2,500 for each violation. The attorney general or the executive director of the office of consumer protection may bring an action pursua…

[§487R-4] Reporting requirements. A government agency shall submit a written report to the legislature within twenty days after the discovery of a material occurrence of unauthorized access to personal information records in connection with or after its disposal by or on behalf o…

§488-1 Definitions. As used in this chapter: "Accumulation or payment of money" or "accumulates funds" means the payment of funds by a member to the plan. "Commissioner" means the insurance commissioner of the department of commerce and consumer affairs. "Legal service plan" or "…

§488-2 Applicability; other statutes, rules of court. (a) This chapter shall apply to all plans in the State other than: Plans that are owned and operated by an insurer subject to chapter 431 shall be exempt from the requirements of this chapter; provided that the insurer shall c…

§488-3 Certificate of authority; authority issued or denied; plan termination. (a) Before conducting business in this State, a plan shall submit for approval with the commissioner an application for a certificate of authority, shall file documentation with the commissioner, and s…

§488-4 Accumulated funds, protection, violation. (a) The plan administrator shall have the responsibilities of a trustee for all funds received, accumulated, or collected under this chapter. (b) The plan administrator, upon receipt of funds intended for payment to a person provid…

§488-5 Annual exhibits; examination by commissioner. (a) Each plan shall file with the commissioner within sixty days after the end of its fiscal year an income statement and balance sheet compiled, reviewed, or audited by a certified public accountant. (b) The powers, authoritie…

§488-6 Investments of certain plans. No plan promising or offering to pay for legal services in an amount equal to or in excess of $25 a year shall invest any of its assets other than as authorized and provided for in respect to domestic insurance companies and societies under ch…

§488-7 Failure to comply; penalty. (a) Any plan that does not comply with this chapter shall be notified in writing by the commissioner of the noncompliance and of the need to take corrective action within seven days. If the noncompliance continues for seven days after notificati…

[§488-8] Access to records. (a) Every plan and its owners, operators, officers, employees, and representatives shall: (b) If the commissioner finds the accounts or records of a plan, or of its owners, operators, officers, employees, or representatives, to be inadequate, improperl…

[§488-9] Records and reports. (a) The commissioner shall preserve in permanent form records and reports of the commissioner's proceedings, hearings, investigations, and examinations and shall file the records in the commissioner's office. (b) The commissioner's records and filing…

PART I. GENERAL PROVISIONS [§489-1] Purpose; construction. (a) The purpose of this chapter is to protect the interests, rights, and privileges of all persons within the State with regard to access and use of public accommodations by prohibiting unfair discrimination. (b) This cha…

§489-2 Definitions. As used in this chapter: "Disability" means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does n…

[PART II.] BREASTFEEDING IN PUBLIC ACCOMMODATIONS [§489-21] Discriminatory practices; breastfeeding. It is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place…

[§489-22] Private cause of action. Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' f…

[§489-23] Exclusion from civil rights commission. Notwithstanding the provisions of chapter 368, this part shall not be subject to chapter 368 and shall not be enforced by the civil rights commission. [L 2000, c 227, pt of §2]

§489-3 Discriminatory practices prohibition. Unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race…

[§489-4] Exception, privacy requirements. The provision of separate facilities or schedules for female and for male patrons, does not constitute a discriminatory practice when such separate facilities or schedules for female and for male patrons are bona fide requirements to prot…

§489-5 Other discriminatory practices. (a) It is a discriminatory practice for two or more persons to conspire: (b) It is a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a pl…

§489-6 Complaint against unfair discrimination; reporting requirements. The civil rights commission shall receive complaints of unfair discriminatory treatment in public accommodations in accordance with the procedures established under chapter 368; provided that this section sha…

[§489-7] No limitation on causes of action. Nothing in this chapter shall be construed to limit any cause of action based upon any unfair discriminatory practices for which a remedy is available under state or federal law. [L 1986, c 292, pt of §1]