| Highlights - 2006 Recent Bill on Electronic
Records |
| Act 135 (SB 2290, CD1), "Relating to
Protection from Security Breaches." |
| This law requires government and businesses
that possess personal information of Hawaii residents and experience a security breach to
notify people affected by the breach. This law takes effect on January 1, 2007.
|
| |
| Act 136 (SB 2292, CD1), "Relating to Destruction
of Personal Information Records." |
| This law requires businesses and government
agencies that dispose of documents and other records containing personal information of Hawaii
residents to destroy the records to protect against unauthorized access to or use of the information.
This law takes effect on January 1, 2007.
|
| |
| Act 137 (SB 2293, CD1), "Relating to Social Security
Number Protection." |
| This law prohibits businesses, subject to limited exceptions,
from disclosing an individual's social security number to the general public, printing the SSN on an
identification card or in mailings to customers, requiring the transmission of a SSN to third parties;
and selling or otherwise disclosing the SSN to third parties without written consent. This law takes
effect on July 1, 2007.
|
| |
| Act 138 (HB 1871, CD1), "Relating to Consumer Credit
Reporting Agencies." |
| This law allows consumers who are victims of identity theft to
place a security freeze on their credit reports that will prohibit a consumer reporting agency from
releasing any information to unauthorized parties without the consumer's express authorization. It
allows for temporary access to a credit report despite a security freeze under certain circumstances by
request of the consumer. This law took effect upon the governor's signature. |
| |
| Act 139 (SB 2159, CD1), "Relating to Identity Theft." |
| This law increases penalties for identity theft. It makes it
a crime to intentionally or knowingly possess the confidential personal information of another. This
law took effect upon the governor's signature. |
| |
| Act 149 (HB 3244, CD1), "Relating to Identity Theft." |
| This law changes the name of the Hawaii "anti-phishing task
force" to the "identity theft" task force. It expands the task force's responsibilities and extends its
life until 12/31/07. This law takes effect on July 1, 2006 |
| Submitted by Herb Arai |
|
| Highlights - 2005 Records Management Issues
Records |
| HIPAA - Health Insurance Portability and
Accountability Act of 1996 (use and disclosure of an individual’s health information) |
| A private company called Phoenix Health Systems
has posted on its website www.hipaadvisory.com
an informative article, “Records Retention Periods,” written by Sue Dill Calloway, RN MSN JD,
which lists federal laws with specific record retention requirements that may affect organizations
that maintain health-related records. Under 42 CFR 482.24(b), Medicare Conditions of
Participation, all hospitals must retain medical records in their original or legally produced
form for a period of 5 years. |
| Submitted by Herb Arai |
|
| Washington State Digital Archives |
| Washington State opened the nation’s first state digital
archives on October 4, 2004, in Cheney, Washington. The broad purposes of the digital archives are
to preserve documents created as electronic records, convert and preserve historical government records
as electronic records, and make it feasible for the public to access these records through their personal
computers. |
| The public can now research select Washington marriage,
naturalization, census, death, birth, military, inmate and other government records through the website
at www.digitalarchives.wa.gov |
| It will be interesting to track the success of the Washington
State Digital Archives as more records are added and more people utilize this service. |
| Submitted by Herb Arai & Ruben Lum |
|
| Personal Information on the Internet |
| The amount of official information about
individuals available on the Internet continues to grow. It is now possible to track
Hawaii real property transactions through the website of the Hawaii Department of Land
and Natural Resources, Bureau of Conveyances and even purchase copies on-line with a
credit card at
Department of Land and Natural Resources. |
| Submitted by Herb Arai & Ruben Lum |
