Hawaii's constitution includes an explicit right to privacy. The state has sector-specific privacy laws but no comprehensive consumer privacy legislation.
Hawaii Privacy & Accessibility Laws
Hawaii has strong constitutional privacy protections and has enacted sector-specific privacy laws, though it does not have a comprehensive consumer privacy law as of 2024. Hawaii is one of ten states with an explicit right to privacy in its constitution. State agencies must ensure digital accessibility for all residents.
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Privacy Law Status
Constitutional Right + Sector Laws
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Accessibility Requirements
State Government Policy
Hawaii state agencies must ensure websites and digital services are accessible under ADA Title II and state accessibility policies.
Hawaii Constitutional Privacy Right
Hawaii's constitution provides one of the strongest privacy protections in the nation:
Article I, Section 6 - Right to Privacy
"The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest."
This constitutional protection applies primarily to government action but provides a foundation for Hawaii's approach to privacy rights. Courts have interpreted this broadly to protect informational privacy.
Hawaii Privacy Regulations
- Hawaii Security Breach Law (HRS 487N): Comprehensive data breach notification requirements
- Social Security Number Protection: Restrictions on SSN collection and display
- Hawaii Consumer Protection Law: Prohibits unfair or deceptive practices including data practices
- Student Privacy: Protections for educational records beyond FERPA
- Medical Privacy: State protections for health information
Data Breach Notification Requirements
| Requirement | Details |
|---|---|
| Covered Entities | Any business that conducts business in Hawaii and owns or licenses personal information |
| Notification Timeline | Without unreasonable delay, consistent with law enforcement needs |
| AG Notification | Required for all breaches affecting Hawaii residents |
| Covered Data | Name plus SSN, driver's license, government ID, financial account, or medical/health information |
| Penalties | Up to $2,500 per violation, consumer private right of action |
Accessibility Requirements
Hawaii government agencies must ensure digital accessibility for all residents:
State Government Obligations
- Hawaii state agencies must comply with ADA Title II for all digital content
- Office of Enterprise Technology Services provides accessibility guidance
- State websites must follow WCAG 2.1 Level AA guidelines
- University of Hawaii system must ensure accessible online learning
- State procurement requires vendor accessibility certification
Private Sector Considerations
- Businesses with places of public accommodation are subject to ADA Title III
- Hawaii's tourism industry means high visibility for accessibility compliance
- Website accessibility claims can be brought under federal ADA
- Healthcare providers must ensure accessible patient portals
Enforcement
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Privacy Enforcement
- Hawaii Attorney General - Consumer protection enforcement
- Office of Consumer Protection - Data breach oversight
- Private right of action - Consumers can sue for breach notification violations
Contact:
Office of Consumer Protection
235 S. Beretania Street, Suite 801
Honolulu, HI 96813
(808) 586-2636
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Accessibility Enforcement
- U.S. Department of Justice - ADA Title II and III enforcement
- Hawaii Civil Rights Commission - State disability discrimination
- Private litigation - Federal ADA claims
Contact:
Hawaii Disability Rights Center
1132 Bishop Street, Suite 2102
Honolulu, HI 96813
(808) 949-2922
Business Obligations
| Obligation | Description |
|---|---|
| Data Security | Implement reasonable security measures to protect personal information |
| Breach Notification | Notify affected individuals and AG without unreasonable delay |
| SSN Protection | Cannot publicly post or display Social Security numbers |
| Destruction of Records | Properly destroy records containing personal information |
| Consumer Protection | Cannot engage in unfair or deceptive data practices |
Consumer Rights
Hawaii residents have the following privacy rights:
- Constitutional Privacy: Protection against government intrusion into personal information
- Breach Notification: Right to timely notice of data breaches
- Private Right of Action: Ability to sue for breach notification violations
- SSN Protection: Protection against public display of Social Security numbers
- Credit Freeze: Right to place security freezes on credit reports
- Medical Privacy: Protections for health information
- Consumer Protection: Protection against unfair or deceptive data practices
Legislative Developments
Hawaii legislators have considered comprehensive privacy bills in recent sessions. The state's strong constitutional privacy foundation may lead to comprehensive legislation. Businesses should monitor legislative developments and prepare for potential future requirements.
Related Resources
- US Privacy Laws Overview
- ADA Title II Requirements
- ADA Title III for Businesses
- All State Laws
- Privacy Compliance Guide
- Report a Violation
Need Help with Hawaii Compliance?
While Hawaii lacks a comprehensive privacy law, its constitutional protections and sector-specific laws create important obligations. Contact our experts for guidance on data breach notification, security measures, and accessibility compliance.