CONFERENCE COMMITTEE REP. NO. 6-12

 

Honolulu, Hawaii

                 , 2012

 

RE:    S.B. No. 2419

       S.D. 2

       H.D. 3

       C.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2419, S.D. 2, H.D. 3, entitled:

 

"A BILL FOR AN ACT RELATING TO PERSONAL INFORMATION,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to protect personal information while providing reasonable access in certain circumstances by allowing the scanning of personal information contained in a Hawaii identification card or driver's license for limited purposes only.

 

     Your Committee on Conference finds that information contained on an individual's identification card or driver's license can be a source of identity theft.  Because identity theft can have lasting negative repercussions on the life of the person whose identity is stolen, it is important to minimize the widespread use of this personal information.  Your Committee on Conference further finds that a balance must be obtained between permitting responsible entities to lawfully use an individual's personal information while also protecting the privacy interests of individuals.

 

     This measure addresses this issue by prohibiting the random scanning of a Hawaii identification card or driver's license by Hawaii businesses, prohibiting retention of any personal information obtained through scanning except in specific circumstances, and prohibiting businesses from selling or otherwise disseminating information obtained by scanning an individual's Hawaii identification card or driver's license to a third party.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Changing references to an "identity card" to "identification card", in order to clarify the forms of identification subject to this measure and conform to the definition of "personal information" in section 487N-1, Hawaii Revised Statutes; and

 

     (2)  Inserting an effective date of upon approval.

 

     Your Committee on Conference notes that this amended measure is the result of a compromise by various interested stakeholders affected by this measure.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2419, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2419, S.D. 2, H.D. 3, C.D. 1.

 


Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

JOSEPH M. SOUKI, Co-Chair

 

____________________________

ROSALYN H. BAKER, Chair

____________________________

ANGUS L.K. MCKELVEY, Co-Chair

 

____________________________

CAROL FUKUNAGA, Co-Chair

____________________________

GILBERT KEITH-AGARAN, Co-Chair

 

____________________________

CLAYTON HEE, Co-Chair

____________________________

RYAN I. YAMANE, Co-Chair