Prohibits posing as the holder of a cellular phone service account to obtain calling records. Prohibits sale or purchase of such records.

A BILL FOR AN ACT

SECTION 1. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . confidentiality of wireless service records

§481B- Definitions. For purposes of this part:

"Personal information" means information associated with a wireless customer that is a name, an address, a telephone number, an electronic mail address, a driver's license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother's maiden name, an identifying number of a wireless service account, any record of calls made or received via the wireless service connection, a password used for accessing information, or any other name, number, or code that is used, alone or in conjunction with other information, to confirm the identity of the wireless customer.

"Reseller" means a person or entity that purchases commercial mobile radio service from a wireless provider for the purpose of reselling commercial mobile radio service to end-users.

"Wireless customer" means a commercial mobile radio service customer.

"Wireless provider" means a person or entity that is authorized by the Federal Communications Commission to provide facilities-based commercial mobile radio service within the State.

"Wireless service" means commercial mobile radio service under sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, P.L. 103-66, August 10, 1993, 107 Stat. 312.

"Wireless service connection" means each active wireless telephone number assigned to a commercial mobile radio service customer, including end-users of resellers whose place of primary use is within the State.

§481B- Personal information of wireless account holder confidential. All information generated, received, or kept by a wireless provider or reseller pertaining to any wireless service connection that contains any personal information of the wireless customer shall be confidential.

§481B- Pretexting prohibited. No person shall represent themselves to be a wireless customer for the purpose of obtaining personal information of that customer from a wireless service provider if the person is not that customer or not legally authorized to obtain the information on behalf of that customer.

§481B- Sale and purchase of wireless account information prohibited. (a) No wireless provider, or officer, employee, or contractor thereof, shall offer to sell or give away, and no person or entity shall purchase or accept, any personal information of a wireless customer without the express written consent of that customer.

(b) This section shall not prohibit a wireless provider from making personal information available, without the permission of the wireless customer, to a third party pursuant to a contract, if the contract contains language requiring the third party to bind through contract each of its subcontractors by including language prohibiting the divulging of any personal information for any purpose by the subcontractors, except to fulfill and service orders pursuant to the contract between the wireless provider and the authorized third party.

(c) This section shall not prohibit the transmittal of any personal information to or from a "consumer reporting agency", as that term is defined in the Fair Credit Reporting Act, or a "debt collector", as that term is defined in the Fair Debt Collection Practices Act, Public Law No. 95-109.

(d) This section shall not prohibit a wireless provider from sharing personal information of a wireless customer with a subsidiary or the parent corporation of the wireless provider or to another subsidiary of the common parent corporation.

§481B- Remedies. (a) Violation of this section is a misdemeanor.

(b) The attorney general may prosecute a violation of this part or bring an injunctive action to enforce it, or both.

(c) Nothing in this section shall prohibit a wireless customer from bringing an action for damages or injunctive relief for a violation of this part."

SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 3. This Act shall take effect upon its approval.