(a) Disclosure by the program of a program participant‘s actual address shall be prohibited unless required by order of a court. There shall be a presumption that the disclosure of any record of the program constitutes an unwarranted invasion of privacy and any applicant or program participant has a significant privacy interest in any information provided to the program.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663
criminal case

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Terms Used In Hawaii Revised Statutes 801G-10

  • Actual address: means a residential, work, or school address as specified on an applicant's application and includes the applicant's county of residence and voting precinct. See Hawaii Revised Statutes 801G-1
  • Agency: means an agency or instrumentality of the State or any of its political subdivisions. See Hawaii Revised Statutes 801G-1
  • Applicant: includes a primary applicant and a secondary applicant. See Hawaii Revised Statutes 801G-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • participant: means an individual accepted into the address confidentiality program, and includes a primary participant and a secondary participant. See Hawaii Revised Statutes 801G-1
  • program: means the program established by section 801G-2. See Hawaii Revised Statutes 801G-1
  • Substitute address: means an address that is used instead of an actual address and assigned to a participant under the address confidentiality program. See Hawaii Revised Statutes 801G-1
(b) No court shall order the disclosure of a program participant’s actual address unless the court finds by clear and convincing evidence that:

(1) The disclosure of the actual address is necessary for a legitimate purpose;
(2) The use of the substitute address would unduly frustrate the legitimate purpose; and
(3) Taking into consideration the safety of the program participant, there is no reasonable alternative to disclosure of the actual address.

The court shall enter into the record written findings and any conditions on the disclosure of the actual address that are necessary to reasonably protect the safety and privacy of the program participant.

(c) Any court order requiring the disclosure of a program participant’s actual address shall be stayed for ten days after written legal notice of the order is personally served upon the program participant; provided that if the participant cannot be physically located, service of the notice by certified mail to an agent of the program, in accordance with section 801G-8(a), shall satisfy the requirements of this subsection; provided further that if service of the notice is performed in accordance with section 801G-8(a), the additional time period of five days provided in section 801G-8(b) shall be added to the prescribed ten day time period provided in this subsection.
(d) No employee, volunteer, or any person with access to the records of the program or the records of any agency that has received a request from the program participant to use a substitute address shall knowingly disclose any address or telephone number of a program participant other than the substitute address.
(e) Any person who violates subsection (d) shall be guilty of a misdemeanor.

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