Employee Privacy: Hawaii

Federal law and guidance on this subject should be reviewed together with this section.

Author: Anna Elento-Sneed, Alston Hunt Floyd & Ing

Summary

• Individual privacy is protected by the Hawaii State Constitution. This constitutional provision limits an employer's ability to engage in surveillance and drug testing of employees. See Limitations on the Right to Monitor Employees; Types of Monitoring and Testing of Employees.
• State government employees may review and copy their personnel records, request amendment or correction of their records, and restrict disclosure of their records. See Limitations on the Right to Monitor Employees.
• Hawaii generally prohibits employers from using lie detector tests to screen applicants or from requiring employees to take lie detector tests during the course of employment. See Limitations on the Right to Monitor Employees and Testing of Employees.
• Employers may use security cameras or surveillance videos in common areas of the workplace, but may not make audio recordings without prior written consent from the employees involved in the recording. See Types of Monitoring.
• Hawaii's Uniform Employee and Student Online Privacy Protection Act provides employees with a number of social media and online privacy protections. See Social Media Privacy.
• Credit checks may only be performed in certain circumstances, and can only be conducted after an offer of employment is given. See Application and Interview Inquiries and the Right to Privacy.
• Medical testing may be conducting after an offer of employment is given. However, the employer must provide the examiner with a written job description and copies of any relevant regulations. See Application and Interview Inquiries and the Right to Privacy and Testing of Employees.
• Drug and alcohol testing, other than those governed by federal regulations, must comply with the Hawaii Substance Abuse Testing Act. See Application and Interview Inquiries and the Right to Privacy and Testing of Employees.
• Hawaii prohibits employers from discriminating or making any employment decisions based on an employee's arrest and court record. Convictions may be considered after an employment offer, under limited circumstances. See Arrest and Conviction Records.
• Release of information on AIDS, ARC or HIV infection is prohibited unless authorized by the individual in question. Violations may result in criminal prosecution. See Testing of Employees.
• Employers are required to safeguard employee medical information, social security numbers and other personal information. See Recordkeeping and Safeguarding Employee Records and Confidential Information.