CONFERENCE COMMITTEE REP. NO. -0 114-06
Honolulu, Hawaii
, 2006
RE: S.B. No. 2292
S.D. 2
H.D. 1
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2006
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2006
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2292, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO DESTRUCTION OF PERSONAL INFORMATION RECORDS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to require businesses and government agencies that maintain or possess personal information of Hawaii residents to protect against unauthorized access to or use of the information after its disposal by properly destroying the personal information.
In 2005, the Hawaii Anti-Phishing Task Force was established to develop state policy on how best to prevent further occurrences of phishing and other forms of electronic commerce-based crimes in the State. Business records are a leading source of personal information for identity thieves. Your Committee on Conference finds that any business or government agency that maintains personal information as part of its business operations should establish security procedures to maintain the confidentiality and integrity of that information.
Your Committee on Conference has amended this measure by:
(1) Correcting the citation for the Fair Credit Reporting Act under § -2(e)(3);
(2) Amending the penalty provisions to:
(A) Allow the Attorney General or the Executive Director of the Office of Consumer Protection to bring a cause of action against any business that violates any provision of this measure, and to seek a penalty of not more than $2,500 for each violation;
(B) Allow a private cause of action for a sum equal to the actual damages sustained by the injured party; and
(C) Allow the court to award reasonable attorneys' fees to the prevailing party, and clarify that both penalty actions cannot be brought against a government agency;
(3) Requiring government agencies to submit a detailed written report to the Legislature within twenty days after discovering a material occurrence of an unauthorized access to personal information records in connection with or after its disposal by or on behalf of the government agency, unless the report will impede a criminal investigation;
(4) Changing the effective date from July 1, 2050 to January 1, 2007; and
(5) Making nonsubstantive, technical amendments for style and format of the Hawaii Revised Statutes.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2292, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2292, S.D. 2, H.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ ROBERT N. HERKES, Co-Chair |
____________________________ RON MENOR, Chair |
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____________________________ SYLVIA LUKE, Co-Chair |
____________________________ CAROL FUKUNAGA, Co-Chair |
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____________________________ COLLEEN HANABUSA, Co-Chair |
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