Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred S.B. No. 2292, S.D. 2, entitled:

beg leave to report as follows:

The purpose of this bill is to protect personal information from theft and misuse, by requiring a business or government agency that is discarding documents or other materials containing personal information, to destroy the information.

The Department of Commerce and Consumer Affairs, Honolulu Police Department, AARP Hawaii, and Hawaii Bankers Association supported this bill. Hawaii Financial Services Association supported the intent of this measure. The Consumer Data Industry Association commented on this bill.

This bill contains two remedies for violations of the law by business. A violation is actionable as an unfair or deceptive act or practice in the conduct of trade or commerce. In addition, persons injured may sue a business for the greater of actual damages or $500. Your Committees find that government should also be held to its responsibilities under the law, and has amended this bill to provide the same action for damages or $500, against government employees.

Your Committees have also amended this bill by:

As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2292, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2292, S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.