(a) No business may scan the machine-readable zone of an individual’s identification card or driver’s license, except for the following purposes:

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Terms Used In Hawaii Revised Statutes 487J-6

  • Business: means a sole proprietorship, partnership, limited partnership, corporation, limited liability company, association, or any other form of business entity. See Hawaii Revised Statutes 487J-1
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Marketing: means making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service. See Hawaii Revised Statutes 487J-1
  • scanning: means to access the machine-readable zone of an individual's Hawaii identification card or driver's license with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on an individual's Hawaii identification card or driver's license. See Hawaii Revised Statutes 487J-1
(1) To verify authenticity of the identification card or driver’s license or to verify the identity of the individual if the individual pays for goods or services with a method other than cash, returns an item, or requests a refund or an exchange;
(2) To verify the individual’s age when providing age-restricted goods or services to the individual if there is a reasonable doubt of the individual having reached the minimum age required for purchasing the age-restricted goods or services;
(3) To prevent fraud or other criminal activity if the individual returns an item or requests a refund or an exchange and the business uses a fraud prevention service company or system. Information collected by scanning an individual’s identification card or driver’s license pursuant to this subsection shall be limited to the following information from the individual:

(A) Name;
(B) Address;
(C) Date of birth; and
(D) Driver’s license number or identification card number;
(4) To establish or maintain a contractual relationship. Information collected by scanning the individual’s identification card or driver’s license pursuant to this subsection shall be limited to the following information from the individual:

(A) Name;
(B) Address;
(C) Date of birth; and
(D) Driver’s license number or identification card number;
(5) To record, retain, or transmit information as required by state or federal law;
(6) To transmit information to a consumer reporting agency, financial institution, or debt collector to be used as permitted by the federal Fair Credit Reporting Act, Gramm-Leach-Bliley Act, or the Fair Debt Collection Practices Act; and
(7) To record, retain, or transmit information by a covered entity governed by the medical privacy and security rules issued by the federal Department of Health and Human Services, parts 160 and 164 of title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996.
(b) No business shall retain any information obtained pursuant to subsection (a), except as permitted in subsections (a)(3) through (7).
(c) No business shall sell or disseminate to a third party any information obtained under this section for any purpose, including marketing, advertising, or promotional activities, except as permitted in subsections (a)(3) through (7).
(d) A business covered under this section shall make reasonable efforts, through systems testing and other means, to ensure that the requirements of this chapter are met.
(e) Any waiver of a provision of this section is contrary to public policy and is void and unenforceable.
(f) For purposes of this section:

“Consumer reporting agency” shall have the same meaning as in the federal Fair Credit Reporting Act, title 15 United States Code § 1681a(f).

“Covered entity” shall have the same meaning as in the security rules issued by the federal Department of Health and Human Services, parts 160 and 164 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and [Accountability] Act of 1996.

“Debt collector” shall have the same meaning as in the federal Fair Debt Collection Practices Act, title 15 United States Code § 1692a.

“Financial institution” shall have the same meaning as in the federal Gramm-Leach-Bliley Act, title 15 United States Code § 6809.

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