Overview of Hawaii ID scanning laws
Hawaii has 4 laws which we consider relevant to ID verification, in addition to other laws which may related to age verification, identity verification, KYC, privacy, and biometrics.
Can you scan IDs in Hawaii?
Hawaiian law only allows businesses to scan IDs under one of the following circumstances:
- Verifying identity for non-cash purchases, refunds, or exchanges
- Verifying age for age-restricted goods or services, such as alcohol or tobacco sales
- For returns, refunds, or exchanges when the business uses a fraud prevention service
- Establishing or maintaining a contractual relationship
- When required by state or federal law
- Transmitting information to a financial institution, debt collector, or consumer reporting agency
- Recording, retaining, or transmitting information by a HIPAA-compliant method
Can you save data from a scanned ID in Hawaii?
Only name, address, date of birth, and ID number may be saved from an ID scan. Choosing an ID scanning provider that provides custom PII retention settings can ensure your business maintains compliance with Hawaii’s ID scanning laws.
Does Hawaii offer affirmative defense for ID scanning?
No. Hawaii has no affirmative defense laws related to ID scanning.
What types of IDs does Hawaii issue?
Hawaii issues drivers licenses and state IDs, including REAL ID. Hawaii also offers a mobile drivers license (mDL), available in Apple Wallet.
Individual Hawaii ID verification laws
Age verification for alcohol sales
Hawaii allows businesses to scan IDs to verify age for alcohol sales. Only the name, address, date of birth, and ID number can be retained from the scan.
Age verification for tobacco sales
Hawaii allows businesses to scan IDs to verify age for tobacco sales. Only the name, address, date of birth, and ID number can be retained from the scan.
Record keeping for pawnbrokers
Hawaii requires pawnbrokers and secondhand dealers retain records including the seller’s ID number.
Age verification for apps
This law would require app store providers to verify age of users to provide a mechanism for parents to block minors from downloading “unsuitable apps” and obtain parental consent before allowing a minor to download or purchase apps.
Data privacy laws in Hawaii
Hawaii does not currently have any comprehensive data privacy laws. SB 3018 introduced such laws but failed in January 2024.
Hawaii Statute §487N-2 requires businesses notify affected parties if there is a security breach that compromises personal information. Hawaii SB 2607 explicitly protects student data, preventing schools from selling or renting student information.
Hawaii ID scanning
State-specific news & updates
ID Scanning Laws for Dispensaries
Why some Hawaii IDs don’t scan
