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Can I prioritize privacy compliance to gain a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Hawaii? What are the requirements?
Prioritizing Privacy Compliance in Hawaii
Yes, prioritizing privacy compliance can provide a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Hawaii. Hawaii has several laws and regulations related to privacy, including the Health Insurance Portability and Accountability Act (HIPAA) [5.1], the Standards for Customer Privacy [2.1], and the Privacy of Individually Identifiable Health Information [3.1].
To prioritize privacy compliance in Hawaii, businesses should consider the following requirements:
- Provide an initial privacy notice to consumers: A licensee must provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to a consumer not later than when the licensee establishes a customer relationship, except as provided in subsection (d) [1.1][1.2].
- Respect and safeguard personally identifiable customer information: A telecommunications carrier shall respect and safeguard personally identifiable customer information, equipment, and records from unauthorized access or use [2.1].
- Comply with HIPAA’s security, privacy, and confidentiality rules: The agency, the agency’s designees, and any recipient of data shall comply with the applicable Health Insurance Portability and Accountability Act’s security, privacy, and confidentiality rules, including uses and disclosures required by law, public health activities, and health oversight activities, and shall not disclose any individual patient’s personal health information or personal identifiers in violation of state or federal law [5.1].
- Provide a revised privacy notice when an existing customer obtains a new insurance product or service: When an existing customer obtains a new insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, the licensee shall be deemed to satisfy the initial notice requirements of subsection (a) if the licensee provides a revised privacy notice that covers the customer’s new insurance product or service [1.1].
- Maintain the privacy and confidentiality of customer conversations and data transmitted via the telecommunications network and lines: A telecommunications carrier shall maintain the privacy and confidentiality of customer conversations and data transmitted via the telecommunications network and lines, unless otherwise authorized by law [2.1].
- Provide a customer or any person designated by the customer access to all personally identifiable customer information: A telecommunications carrier shall provide a customer or, upon the affirmative written request of the customer, provide to any person designated by the customer access to all personally identifiable customer information about that customer, collected and maintained by the telecommunications carrier. The carrier shall make the information available at reasonable times and at a convenient place designated by the carrier. The carrier shall provide the customer reasonable opportunity to correct any error in the information [2.1].
- Provide basic, essential levels of telecommunications services to all residences and households of the State at affordable rates and pricing options, without undue discrimination: In a competitive intrastate telecommunications market, customers are entitled to basic, essential levels of telecommunications services to all residences and households of the State at affordable rates and pricing options, without undue discrimination [2.2].
By complying with these requirements, businesses can prioritize privacy compliance in Hawaii and gain a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships.
Source(s):
- [1.1] Initial privacy notice to consumers required.
- [1.2] Information to be included in privacy notices.
- [2.1] Standards for customer privacy
- [3.1] Privacy of individually identifiable health information.
- [2.2] Customer rights in a competitive telecommunications market
- [5.1] Health Insurance Portability and Accountability Act
Jurisdiction
Hawaii