Prohibited activity; permitted disclosures and uses; limitations
HRS §302A-500
in effect302A-500. Prohibited activity; permitted disclosures and uses; limitations
(a) An operator shall not knowingly do any of the following:
(1) Engage in targeted advertising on the operator's
site, service, or application; or target advertising on any other site,
service, or application, if the targeting of the advertising is based on any
information, including covered information and persistent unique identifiers
that the operator has acquired because of the use of that operator's site,
service, or application for K-12 school purposes;
(2) Use information, including persistent unique
identifiers, created or gathered by the operator's site, service, or
application, to amass a profile about a student except in furtherance of K-12
school purposes. As used in this section, "amass a profile" does not
include the collection and retention of account information that remains under
the control of the student, the student's parent or guardian, or a K‑12 school;
(3) Sell or rent a student's information, including
covered information. This paragraph does not apply to the purchase, merger, or
other type of acquisition of an operator by another entity if the operator or
successor entity complies with this section regarding previously acquired
student information; or
(4) Except as otherwise provided in subsection (c),
disclose covered information unless the disclosure is made for the following
purposes:
(A) In furtherance of the K-12 school purpose
of the site, service, or application, if the recipient of the covered
information disclosed under this subsection does not further disclose the
information unless done to allow or improve operability and functionality of
the operator's site, service, or application;
(B) To ensure legal and regulatory compliance
or protect against liability;
(C) To respond to or participate in the
judicial process;
(D) To protect the safety or integrity of
users of the site or others or the security of the site, service, or
application;
(E) For a school, educational, or employment
purpose requested by the student or the student's parent or guardian;
provided that the information is not used or further disclosed for any other
purpose; or
(F) To provide to a third party, if the
operator contractually prohibits the third party from using any covered
information for any purpose other than providing the contracted service to or
on behalf of the operator, prohibits the third party from disclosing any
covered information provided by the operator with subsequent third parties, and
requires the third party to implement and maintain reasonable security
procedures and practices.
Nothing in this section shall prohibit the
operator's use of information for the purposes of maintaining, developing,
supporting, improving, or diagnosing the operator's site, service, or
application.
(b) An operator shall:
(1) Implement and maintain reasonable security
procedures and practices appropriate to the nature of the covered
information designed to protect that covered information from unauthorized
access, destruction, use, modification, or disclosure; and
(2) Delete within a reasonable time period a
student's covered information if the K-12 school or complex requests deletion
of covered information under the control of the K-12 school or complex, unless
a student or a student's parent or guardian consents to the maintenance of the
covered information.
(c) An operator may use or disclose covered
information of a student under the following circumstances:
(1) If other provisions of federal or state law
require the operator to disclose the information and the operator complies with
the requirements of federal and state law in protecting and disclosing that
information;
(2) For legitimate research purposes as required by
state or federal law and subject to the restrictions under applicable state and
federal law or as allowed by state or federal law and under the direction of a
K-12 school, complex, or the department, if covered information is not used for
advertising or to amass a profile on the student for purposes other than K-12
school purposes; or
(3) To a state or local educational agency, including
K-12 schools and complexes, for K-12 school purposes, as permitted by state or
federal law.
(d) This section shall not prohibit an
operator from doing any of the following:
(1) Using covered information to improve educational
products if that information is not associated with an identified student
within the operator's site, service, or application or other sites, services,
or applications owned by the operator;
(2) Using information that is not associated with an
identified student to demonstrate the effectiveness of the operator's products
or services, including the marketing of the products or services;
(3) Sharing information that is not associated with
an identified student for the development and improvement of educational sites,
services, or applications; or
(4) Recommending to a student any of the following:
(A) Additional content relating to an
educational, other learning, or employment opportunity purpose within an online
site, service, or application if the recommendation is not determined in whole
or in part by payment or other consideration from a third party;
(B) Additional services relating to an
educational, other learning, or employment opportunity purpose within an online
site, service, or application if the recommendation is not determined in whole
or in part by payment or other consideration from a third party; or
(C) Responding to a student's request for
information or for feedback without the information or response being
determined in whole or in part by payment or other consideration from a third
party.
(e) This section shall not:
(1) Limit the authority of a law enforcement agency
to obtain any content or information from an operator as authorized by law or
under a court order;
(2) Limit the ability of an operator to use student
data, including covered information, for adaptive learning or customized
student learning purposes;
(3) Apply to general audience websites, general
audience online services, general audience online applications, or general
audience mobile applications, even if login credentials created for an
operator's site, service, or application may be used to access those general
audience sites, services, or applications;
(4) Limit service providers from providing internet
connectivity to schools or students and their families;
(5) Prohibit an operator of a website, online
service, online application, or mobile application from marketing educational
products directly to parents or guardians if the marketing did not result from
the use of covered information obtained by the operator by providing services
covered under this section;
(6) Impose a duty upon a provider of an electronic
store, gateway, marketplace, or other means of purchasing or downloading
software or applications to review or enforce compliance with this section on
those applications or software;
(7) Impose a duty upon a provider of an interactive
computer service to review or enforce compliance with this section by
third-party content providers; or
(8) Prohibit students from downloading, exporting,
transferring, saving, or maintaining their own student data or documents.
[L
2016, c 40, pt of §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-0500.htmFetched: 11/10/2026