Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I avoid tracking unique users or website visitors in Hawaii? What are the requirements?

Avoiding Tracking Unique Users or Website Visitors in Hawaii

If you are operating a website or online service in Hawaii, you may be subject to certain tracking requirements under Hawaii law. For example, under HIAR 11-850-61, dispensary licensees are required to track electronically the dispensary’s inventory of cannabis and manufactured cannabis products through each stage of processing, from propagation to point of sale, disposal, or destruction, and maintain a record of clear and unbroken chain of custody at all stages, including during transport of the inventory between dispensary facilities and between a dispensary facility and a laboratory [1.1].

However, if you are not subject to any specific tracking requirements under Hawaii law, you may still be subject to certain restrictions on the collection and use of personal information. For example, under HIRS 302A-500, operators of websites, services, or applications used for K-12 school purposes are prohibited from using information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a student except in furtherance of K-12 school purposes [6.1].

In addition, under HIAR 3-177-159, individuals may apply to keep confidential their residence address and telephone number, as provided in their voter registration form, if they can show good cause that life-threatening circumstances exist to the person or a member of that person’s family, risk of bodily harm exists to the person or a member of that person’s family, or the person would be subject to an unwarranted invasion of privacy [4.1].

Therefore, if you are not subject to any specific tracking requirements under Hawaii law, you may be able to avoid tracking unique users or website visitors by limiting the collection and use of personal information and providing options for individuals to keep their personal information confidential. However, it is important to consult with a legal professional to ensure compliance with all applicable laws and regulations.

Requirements for Tracking in Hawaii

If you are subject to tracking requirements under Hawaii law, you must comply with the specific requirements outlined in the relevant regulations. For example, under HIAR 11-850-61, dispensary licensees are required to track electronically the dispensary’s inventory of cannabis and manufactured cannabis products through each stage of processing, from propagation to point of sale, disposal, or destruction, and maintain a record of clear and unbroken chain of custody at all stages, including during transport of the inventory between dispensary facilities and between a dispensary facility and a laboratory. Dispensary licensees must also track electronically all sales of cannabis and manufactured cannabis products to qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients from all dispensaries in the State and shall have a sales system that automatically prohibits sales in excess of the legal limits, as set out in section 11-850-42, and that cannot be overridden manually [1.1].

Therefore, if you are subject to tracking requirements under Hawaii law, you must comply with the specific requirements outlined in the relevant regulations. It is important to consult with a legal professional to ensure compliance with all applicable laws and regulations.

Jurisdiction

If you are an international matchmaking organization doing business in Hawaii, you may be subject to certain jurisdictional requirements under Hawaii law. For example, under HIRS 489N-3, an international matchmaking organization shall be deemed to be doing business in Hawaii if it contracts for matchmaking services with a Hawaii resident or is considered to be doing business under any other law of this State. Hawaii residents using the services of an international matchmaking organization shall also be subject to the laws of this State [2.1].

Definitions

As used in Hawaii law, “international matchmaking organization” means a corporation, partnership, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and for profit offers to residents of this State, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, by: (1) An exchange of names, telephone numbers, addresses, or statistics; (2) Selection of photographs; or (3) A social environment provided by the organization in a country other than the United States. “Marital history information” means a declaration of a Hawaii resident’s current marital status, the number of times the Hawaii resident has previously been married, the number of domestic abuse orders of protection issued against the Hawaii resident, and whether any previous marriages by the Hawaii resident occurred as a result of receiving services from an international matchmaking organization [2.3].

Dissemination of Criminal Record and Marital History Information

If you are an international matchmaking organization doing business in Hawaii, you must comply with certain requirements related to the dissemination of criminal record and marital history information. For example, under HIRS 489N-2, each international matchmaking organization doing business in Hawaii shall notify all recruits that criminal history record information and marital history information is available upon request, provide the notice required in the recruit’s native language and display it in a manner that separates it from other information, is conspicuous, and in lettering not less than one-quarter of an inch high. Upon request, the organization must disseminate to a recruit in the recruit’s native language all criminal conviction information and marital history information in the possession of the organization relating to a Hawaii resident about whom any information is provided to the recruit. The organization must also require a Hawaii resident requesting the services of an international matchmaking organization to submit or authorize the organization access to the resident’s complete criminal history and marital history information. The organization must submit an annual report on its business activities to the department of commerce and consumer affairs. Upon receipt of a request for criminal conviction or marital history information from a recruit, an international matchmaking organization shall refrain from providing any further services to the recruit or the Hawaii resident with regard to facilitating future interaction between the recruit and the Hawaii resident until the Hawaii resident has submitted to the organization the complete transcript of any criminal history record of the Hawaii resident or a statement that there is no record of convictions, and the Hawaii resident’s marital history information, accompanied by an affirmation by the Hawaii resident that any marital history information provided is complete and accurate and includes information regarding the Hawaii resident’s marriages, annulments, dissolutions, and the number of domestic abuse orders of protection issued against the Hawaii resident that occurred in this State or in any other state or country [2.2].

Reporting Requirements

If you are a government agency in Hawaii, you must comply with certain reporting requirements related to social security number disclosure. For example, under HIRS 487J-4, 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 shall contain information relating to the nature of the incident, the number of individuals affected by the incident, and any procedures that have been implemented to prevent the incident from reoccurring. In the event that a law enforcement agency informs the government agency that the report may impede a criminal investigation or jeopardize national security, the report to the legislature may be delayed until twenty days after the law enforcement agency has determined that the report will no longer impede the investigation or jeopardize national security [3.1].

Display of Registration Certificate

If you are providing rental motor vehicles to the public or engaging in the tour operator business in Hawaii, you must comply with certain requirements related to the display of registration certificate. For example, under HIAR 18-251-3-02, each person at all times shall conspicuously display the certificate of registration or a notice as set forth in subsection (b) at each place for which the certificate of registration is issued. Where the person providing rental motor vehicles to the public or engaging in the tour operator business has more than one place of business, the director shall issue one certificate of registration. The person may post a notice at each place of business notifying the public where the certificate may be inspected [5.1].

Therefore, it is important to consult with a legal professional to ensure compliance with all applicable laws and regulations.

Source(s):
Jurisdiction

Hawaii