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

Requirements for using third-party HR tools that collect personal information in Hawaii

Hawaii has specific laws that regulate the collection and use of personal information by employers. Employers who use third-party HR tools that collect personal information must comply with these laws.

According to Hawaii’s data breach notification law, employers must implement reasonable safeguards to protect personal information from unauthorized access, disclosure, or use. Employers must also notify affected individuals in the event of a data breach that compromises personal information [1].

Additionally, Hawaii’s Fair Employment Practices Act (FEPA) prohibits employers from discriminating against employees based on their race, sex, age, religion, and other protected characteristics. Employers who use third-party HR tools must ensure that these tools do not result in discriminatory practices [2].

Employers must also comply with the federal Fair Credit Reporting Act (FCRA) when using third-party HR tools to conduct background checks on employees. The FCRA requires employers to obtain written consent from employees before conducting a background check and to provide employees with a copy of the report if adverse action is taken based on the report [2].

Conclusion

Employers who use third-party HR tools that collect personal information in Hawaii must comply with Hawaii’s data breach notification law, FEPA, and the FCRA. Employers should ensure that these tools do not result in discriminatory practices and that they obtain written consent from employees before conducting background checks.

[1]: Health Insurance Marketplace ® Privacy Policy [2]: Executive Order on Improving the Nation’s Cybersecurity | The White House

Source(s):
Jurisdiction

Hawaii