STATE CYBER & BREACH REQUIREMENTS / HAWAII
Hawaii Cybersecurity & Breach Notification Requirements
If you store or process personal information for Hawaii residents, these notice rules can apply even outside regulated industries.
Not legal advice. Use this to scope work and keep records, then confirm specifics with counsel.
Hawaii
What applies and what to keep ready
Breach Notification
Applies to
If you store or process personal information for Hawaii residents, these notice rules can apply even outside regulated industries.
Trigger
A reportable breach trigger varies by state and may be based on unauthorized access, unauthorized acquisition, or other misuse-based standards. Use the jurisdiction-specific law for the exact trigger.
Covered Data
Covered data is state-specific and can include name plus Social Security number, driver’s license/state ID number, financial account or payment credential data, medical/health information, health-insurance information, biometric data, tax information, login credentials, and other categories specified by the state law. Use the jurisdiction-specific rule to determine coverage.
Consumer Notice
Jurisdiction-specific
Consumer notice timing is jurisdiction-specific. Some states use a qualitative standard such as without unreasonable delay; many states also impose an outer deadline such as 30, 45, or 60 days. Use the state-specific row for the exact deadline.
Third-Party to Owner/Licensee
Jurisdiction-specific
Processor-to-owner or vendor-to-licensee notice timing is also jurisdiction-specific. Use the state-specific rule to determine the exact timing and recipient.
AG / State Agency
Varies by jurisdiction
Attorney General or state-agency notice is not universal. Recipient, threshold, timing, and applicability vary by jurisdiction and sometimes by entity type. Use the state-specific row for the exact rule.
Response priorities to review live
Operational guidance to stabilize an incident and document decisions. It is not a statutory deadline.
- Preserve logs and evidence (do not "clean up" yet)
- Open an incident ticket and assign an owner
- Start the decision log and incident timeline
- Notify counsel and your cyber insurer
Key Obligations
Who You Notify
Primary
- Affected Hawaii residents - if covered personal information was accessed, acquired, or otherwise triggers the jurisdiction-specific notice rule
Conditional
- State regulator / Attorney General - when the jurisdiction-specific recipient, threshold, and entity-type rule applies
- Consumer reporting agencies - if required for large-scale incidents
Coordination
- Law enforcement - coordinate if an investigative delay is requested
What to Keep Ready
Prepare Now
- Incident Response Plan - roles, escalation, outside counsel and insurer contacts
- Incident Contact Matrix - IT/MSP, insurer, key vendors, regulator/AG contacts
- Notice Templates - resident and regulator notice drafts reviewed with counsel
- Baseline Control Evidence - MFA, access reviews, backup/restore testing, vendor oversight
During an Incident
- Notification Decision Log - why notice is or is not required, who approved, and when
- Incident Timeline - key events, containment steps, and decision points
- Delivery & Submission Records - notices sent, confirmations, and regulator submissions
Review-Ready Evidence
Keep a clean incident record: decision log, timeline, control evidence, and delivery records your team can review with counsel, carriers, and regulators.
Incident RecordDecision log, timeline, approval trail
Control EvidenceMFA config, backup test proof, access attestations
Notification RecordsNotices sent, delivery confirmations, regulator receipts
Hawaii Insurance Data Security Act NAIC 668
Applies to
Current filing scope: Hawaii-domiciled insurer.
Classification
Hawaii Insurance Data Security Act
Authority
Haw. Rev. Stat. § 431:3C
Regulator Notice
3 business days
Hawaii Insurance Division. Threshold: Cybersecurity event impacting 250 or more consumers. Notify the Insurance Commissioner within 3 business days of a cybersecurity event determination.
Response priorities to review live
Operational guidance to stabilize an incident and document decisions. It is not a statutory deadline.
- Preserve logs and evidence (do not "clean up" yet)
- Open an incident ticket and assign an owner
- Start the decision log and incident timeline
- Notify counsel and your cyber insurer
Key Obligations
Annual Requirements and Filings
Certification Due
Mar 31
Who files: Hawaii-domiciled insurer. Each Hawaii-domiciled insurer must submit annual certification to the Insurance Commissioner.
Risk Review
Annual
Conduct risk assessment of threats to nonpublic information.
What to Keep Ready
Prepare Now
- Written Information Security Program - approved, dated, with a documented review cadence
- Risk Assessment - current, with remediation tracking
- Vendor Inventory - due diligence, contract clauses
- Baseline Control Evidence - MFA, access reviews, backup/restore testing
During an Incident
- Notification Decision Log - why notice is/isn't required, who approved, when
- Incident Timeline - key events, containment steps, decision points
- Tabletop Records - IR plan execution evidence
Review-Ready Evidence
Keep a clean incident record: decision log, timeline, control evidence, and delivery records your team can review with counsel, carriers, and regulators.
Program RecordWISP, risk assessment, vendor records, incident-response evidence
Leadership UpdateSecurity status, risk posture, compliance attestations
Certification SupportSigned certifications and supporting evidence
Federal Overlays
Applies to
Applicability depends on whether the entity is a covered financial institution under FTC jurisdiction. Common examples can include tax return preparers, tax professional firms, accounting firms, and some financial advisors.
Authority
FTC Safeguards Rule (16 CFR 314) under the Gramm-Leach-Bliley Act.
FTC Notification
At least 500 consumers / 30 days outer limit
For a notification event involving at least 500 consumers' unencrypted customer information, covered institutions must notify the FTC as soon as possible and no later than 30 days after discovery.
IRS Stakeholder Liaison
Immediately / as soon as possible
IRS guidance says tax professionals should report client data theft immediately / as soon as possible to the local IRS stakeholder liaison.
Response priorities to review live
Operational guidance to stabilize an incident and document decisions. It is not a statutory deadline.
- Preserve logs and evidence (do not "clean up" yet)
- Open an incident ticket and assign an owner
- Start the decision log and incident timeline
- Notify counsel and your cyber insurer
Key Obligations
What to Keep Ready
Prepare Now
- Tax-Focused WISP - written security plan for taxpayer data, access controls, and encryption approach
- MFA Evidence - email, portal, admin accounts configuration
- Encryption Documentation - secure storage approach for SSNs and return data
- Vendor Inventory - tax software, DMS, e-sign, portal, payroll providers
During an Incident
- Notification Decision Log - why notice is/isn't required, who approved, when
- Incident Timeline - key events, containment steps, decision points
- Submission Records - FTC notification, IRS liaison report (if applicable)
Review-Ready Evidence
Keep a clean incident record: decision log, timeline, control evidence, and delivery records your team can review with counsel, carriers, and regulators.
Written ProgramSigned, dated, with current security controls
Control EvidenceMFA/encryption config, access review attestations
Vendor OversightInventory, due diligence, contract clauses
Incident RecordTimeline, notification records, FTC/IRS receipts
Program Review
Compare Hawaii to Other States
Operate in more than one state? Use the interactive hub to compare requirements side by side, or book a short program review to map deadlines, reviewer expectations, and next actions with us.