§487R-1  Definitions.  As used in this
chapter:



"Business" means a sole
proprietorship, partnership, corporation, association, or other group, however
organized and whether or not organized to operate at a profit.  Except as
provided in section 487R-2(e), the term includes a financial institution
organized, chartered, or holding a license or authorization certificate under
the laws of the State, any other state, the United States, or any other
country, or the parent or the subsidiary of any such financial institution. 
The term also includes an entity whose business is records destruction.



"Disposal" means the
discarding or abandonment of records containing personal information or the
sale, donation, discarding, or transfer of any medium, including computer
equipment or computer media, containing records of personal information, or
other nonpaper media upon which records of personal information are stored, or
other equipment for nonpaper storage of information.



"Government agency" means any
department, division, board, commission, public corporation, or other agency or
instrumentality of the State or any county.



"Personal information" means
an individual's first name or first initial and last name in combination with
any one or more of the following data elements, when either the name or the
data elements are not encrypted:



(1)  Social security number;



(2)  Driver's license number or Hawaii identification
card number; or



(3)  Account number, credit or debit card number,
access code, or password that would permit access to an individual's financial
account.



"Personal information" shall not include
publicly available information that is lawfully made available to the general
public from federal, state, or local government records.  "Encrypted",
as used in this definition means the use of an algorithmic process to transform
data into a form in which the data is rendered unreadable or unusable without
the use of a confidential process or key.



"Records" means any material on which
written, drawn, spoken, visual, or electromagnetic information is recorded or
preserved, regardless of physical form or characteristics. [L 2006, c 136, pt
of §2; am L 2008, c 19, §71]