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

Collecting Gender Information in Hawaii

In Hawaii, there are no specific laws or regulations that prohibit collecting gender information from participants. However, it is important to note that collecting gender information may be subject to privacy laws and regulations.

Under Hawaii law, personal information, including gender, is protected by the state’s privacy laws. The Hawaii Revised Statutes (HRS) Chapter 487N, also known as the Hawaii Information Privacy Act, regulates the collection, use, and disclosure of personal information by state agencies. Additionally, the HRS Chapter 487R, also known as the Hawaii Consumer Privacy Protection Act, regulates the collection, use, and disclosure of personal information by businesses.

If you are collecting gender information, you should ensure that you are doing so in compliance with these laws and regulations. This may include obtaining consent from participants and implementing appropriate security measures to protect the information collected.

It is also important to note that if you are collecting gender information for the purpose of international matchmaking, you must comply with the requirements set forth in HIRS 489N-2, which requires international matchmaking organizations to notify recruits that criminal history record information and marital history information is available upon request, and to disseminate 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.

Furthermore, the Hawaii Department of Public Safety and the Office of Youth Services are required to submit an annual report to the legislature detailing the development of the comprehensive continuum of care to address the gender-responsive needs of Hawaii’s female offenders and female adjudicated youth both in-state and abroad ^[2.1].

If you are collecting gender information for eligibility or benefits purposes, you must comply with the requirements set forth in HIAR 17-1714.1-40, which outlines the use of information and requests of additional information from an individual. The department shall promptly evaluate the information it receives or obtains in accordance with this chapter to determine whether the information may affect the eligibility or benefits of an individual. An individual shall not be required to provide additional information or documentation unless information needed by the department cannot be obtained electronically or the information obtained electronically is not reasonably compatible with information provided by or on behalf of the individual. If the information provided by or on behalf of an individual is not reasonably compatible with the electronic service, the department shall pursue additional information from the individual, including a statement which reasonably explains the discrepancy or other information ^[3.1].

In summary, while there are no specific laws or regulations that prohibit collecting gender information from participants in Hawaii, it is important to ensure that you are doing so in compliance with applicable privacy laws and regulations. If you are collecting gender information for the purpose of international matchmaking, you must comply with the requirements set forth in HIRS 489N-2. If you are collecting gender information for eligibility or benefits purposes, you must comply with the requirements set forth in HIAR 17-1714.1-40.

Source(s):

• [2.1] Annual report.
• [3.1] Use of information and requests of additional information from an individual

Jurisdiction

Hawaii

• Privacy