[§708-839.55]  Unauthorized possession of
confidential personal information.  (1)  A person commits the offense of
unauthorized possession of confidential personal information if that person
intentionally or knowingly possesses, without authorization, any confidential
personal information of another in any form, including but not limited to mail,
physical documents, identification cards, or information stored in digital
form.



(2)  It is an affirmative defense that the
person who possessed the confidential personal information of another did so
under the reasonable belief that the person in possession was authorized by law
or by the consent of the other person to possess the confidential personal
information.



(3)  Unauthorized possession of confidential personal
information is a class C felony. [L 2006, c 139, §2]



 



COMMENTARY ON §708-839.55



 



  Act 139, Session Laws 2006, added this section to increase
the protection of personal information by making it a class C felony to
intentionally or knowingly possess the confidential information of another
without authorization.  Hawaii law enforcement has found it difficult to curb
the rise in identity theft-related crimes when identity thieves in possession
of personal information who have not yet caused a monetary loss to the victim
cannot be prosecuted for crimes other than petty misdemeanor thefts.  The
legislature found that adding a law to make intentionally or knowingly
possessing the confidential information of another without authorization a
class C felony would help to deter identity theft crimes.  Senate Standing
Committee Report No. 2636, Conference Committee Report No. 111-06.