Employee Privacy: Hawaii
- Limitations on the Right to Monitor Employees
- Hawaii State Constitution
- Uniform Information and Practices Act
- Lie Detector Tests
- Types of Monitoring
- Searches and Surveillance of Employees and Employee Property
- Camera and Video Surveillance
- Electronic Monitoring and Surveillance
- Application and Interview Inquiries and the Right to Privacy
- Background Checks
- Credit History
- Medical Testing and Physical Examinations
- Drug and Alcohol Testing of Applicants
- Arrest and Conviction Records
- "Ban the Box" Law
- Testing of Employees
- Drug and Alcohol Testing
- Polygraph Testing
- Physical Examinations
- AIDS Testing
- Recordkeeping and Safeguarding Employee Records and Confidential Information
- Medical Records
- Social Security Numbers
- Personal Information in State Identification Card or Driver's License
- Access to Personal Information
- Reasonable measures include:
- Future Developments
- Additional Resources
The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.
Author: Anna Elento-Sneed, Alston Hunt Floyd & Ing
- 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.
- 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 Application/ Interview Inquiries and the Right to Privacy.
- 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.