Hawaii Privacy laws & HR compliance analysis

Hawaii Privacy: What you need to know

Constitution. The Hawaii state constitution expressly recognizes the right to privacy (Haw. Const. art. I, §§ 6, 7).
Statutory rights. Hawaii law specifically recognizes that every individual has a property right in the use of their name, voice, signature, and likeness (Haw. Rev. Stat. § 482P-1 et seq.).
Common law. The Supreme Court of Hawaii has recognized a cause of action for appropriation of a name or picture (Fergerstrom v. Hawaiian Ocean View Estates, 441 P.2d 141 (1968)). It has acknowledged all four claims under the Restatement, including appropriation, unreasonable publicity, false light, and intrusion upon seclusion (Mehau v. Reed, 869 P.2d 1320 (1994).
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Social Security numbers (SSNs). Under Hawaii law, no government agency or business may:
• Intentionally communicate or make available to the general public an individual's entire Social Security number;
• Intentionally print or imbed an individual's entire SSN on any card required for the individual to access products or services provided by the government agency or business;
• Require an individual to transmit his or her entire SSN over the Internet, unless the connection is secure or the SSN is encrypted;
• Require an individual to use his or her entire SSN to access an Internet website, unless a password or unique personal identification number or other authentication device is also required; or
• Print an individual's entire SSN on any materials that are mailed to the person, unless the materials are employer-to-employee communications, or when specifically requested by the individual (Haw. Rev. Stat. § 487J-2).
Notwithstanding these prohibitions, a business or government agency is permitted to:
• Include SSNs on ...

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