THE SENATE

S.B. NO.

2419

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PERSONAL INFORMATION.

 

 

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

 


SECTION 1. Chapter 487J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"487J‑   Unlawful use of Hawaii identification card or driver's license. (a) No business may scan the machine-readable zone of an individual's Hawaii identification card or driver's license to use or retain any information contained therein, except for the following purposes:

(1) To verify the age of the individual who possesses the Hawaii identification card or driver's license;

(2) To verify the authenticity of the Hawaii identification card or driver's license;

(3) To record, retain, or transmit information as required by state or federal law; and

(4) To transmit information to a consumer reporting agency, financial institution, or debt collector, for the purpose of approving, processing, or collecting negotiable instruments, electronic funds transfers, or other methods of payments.

(b) A business, other than a consumer reporting agency, financial institution, or debt collector, may not retain or use any information obtained by the scanning of the machine-readable zone of an individual's Hawaii identification card or driver's license other than as provided herein and may not sell or otherwise disseminate any information obtained under this section to a third party for any purpose, including any marketing, advertising, or promotional activities.

(c) A business, other than a consumer reporting agency, financial institution, or debt collector, shall purge or delete any information obtained by scanning the machine-readable zone of an individual's Hawaii identification card or driver's license immediately or no later than five days after scanning is completed.

(d) A business covered by this section shall make reasonable efforts to ensure that the requirements of this chapter are complied with through cooperation by systems testing and other means.

(e) For purposes of this section:

"Consumer reporting agency" shall have the same meaning as in the federal Fair Credit Reporting Act, title 15 United States Code section 1681a(f).

"Debt collector" shall have the same meaning as in the federal Fair Debt Collection Practices Act, title 15 United States Code section 1692(a).

"Financial institution" shall have the same meaning as in the federal Gramm-Leach-Bliley Act, title 15 United States Code section 6809."

SECTION 2. Chapter 487J, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"[SOCIAL SECURITY NUMBER] PERSONAL INFORMATION PROTECTION"

SECTION 3. Section 487J-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Scan" means accessing the machine-readable zone of an individual's Hawaii identification card or driver's license by an electronic device capable of deciphering electronically readable information on an individual's Hawaii identification card or driver's license."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.



 

Report Title:

Personal Information; Unlawful Use of Hawaii Identification Card or Driver's License

 

Description:

Allows the scanning and retention of personal information contained in a Hawaii identification card or driver's license by certain specified entities for limited purposes. (SD2)

 

 

 

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