Can I collect debit card information from participants in Hawaii? What are the requirements?

Based on the documents provided, you can collect debit card information from participants in Hawaii, but you must comply with the requirements outlined in the following sections:

Requirements for collecting personal information in Hawaii

According to HIRS 487D-2, if you are a club card issuer, you are not allowed to request any personal information except name, address, and telephone number in a club card application, unless you require a unique identifier to confirm the identity of the applicant. In that case, you may ask for the last four digits of the applicant’s social security number. Additionally, you are not allowed to sell or share a cardholder’s name, address, telephone number, or any personal information to any unaffiliated third party except as permitted in the subsection.

According to HIRS 431:3A-203, if you are a licensee, you are required to provide initial, annual, and revised privacy notices that include specific information about the categories of nonpublic personal financial information that you collect and disclose, the categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal financial information, and an explanation of the consumer’s right to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties.

Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information

HIRS 431:3A-403 outlines exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information. These exceptions include disclosing nonpublic personal financial information with the consent or at the direction of the consumer, to protect the confidentiality or security of a licensee’s records pertaining to the consumer, to protect against or prevent actual or potential fraud or unauthorized transactions, and to comply with federal, state, or local laws, rules, and other applicable legal requirements.

Conclusion

Based on the documents provided, you can collect debit card information from participants in Hawaii, but you must comply with the requirements outlined in HIRS 487D-2 and HIRS 431:3A-203. Additionally, there are exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information outlined in HIRS 431:3A-403 that you should be aware of.

Jurisdiction

Hawaii

• Privacy