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Can I use third-party email marketing tools that collect personal information in Hawaii? What are the requirements?

Personal Information Collection and Marketing in Hawaii

In Hawaii, the collection and use of personal information for marketing purposes are regulated by the Hawaii Revised Statutes (HIRS) Chapter 487J and Chapter 431:3A.

Third-Party Email Marketing Tools

Yes, you can use third-party email marketing tools that collect personal information in Hawaii, but you must comply with the opt-out requirements in sections 431:3A-204 and 431:3A-301 of HIRS Chapter 431:3A. However, there is an exception to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and for joint marketing [1.1].

To qualify for this exception, you must provide the initial notice in accordance with section 431:3A-201 and enter into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information [1.1].

Best Practices for Personal Information Security

Under HIRS Chapter 487N, the Information Privacy and Security Council is responsible for identifying best practices to assist government agencies in improving security and privacy programs relating to personal information. The council shall identify best practices relating to automated tools, training, processes, and applicable standards, and post them on each government agency’s website in a manner that is readily accessible by employees of the government agency [3.1][3.3].

Destruction of Personal Information Records

Any business or government agency that conducts business in Hawaii and any business or government agency that maintains or otherwise possesses personal information of a resident of Hawaii shall take reasonable measures to protect against unauthorized access to or use of the information in connection with or after its disposal [2.1].

Conclusion

To summarize, you can use third-party email marketing tools that collect personal information in Hawaii, but you must comply with the opt-out requirements in HIRS Chapter 431:3A, unless you qualify for the exception for disclosure of nonpublic personal financial information for service providers and for joint marketing. The Information Privacy and Security Council has identified best practices to assist government agencies in improving security and privacy programs relating to personal information. Any business or government agency that maintains or otherwise possesses personal information of a resident of Hawaii shall take reasonable measures to protect against unauthorized access to or use of the information in connection with or after its disposal [1.1][2.1][3.1][3.3].

Source(s):
Jurisdiction

Hawaii