| 47 | | - | SECTION 1. The legislature finds that in order to succeed in the legislated responsibilities of the State regarding protection of critical infrastructure under chapter 128A, Hawaii Revised Statutes, it is necessary to establish protections for critical infrastructure information. The purpose of this Act is to establish and specify protections for information that is received or maintained by the office of homeland security for use regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purposes. SECTION 2. Chapter 128A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§128A- Confidentiality of critical infrastructure information. (a) Notwithstanding section 92F-11 and any other law to the contrary, critical infrastructure information received or maintained by the office of homeland security shall be confidential and shall not be disclosed, except as provided in subsection (b). (b) The office of homeland security may share confidential critical infrastructure information received or maintained under subsection (a) with federal agencies and state and county agencies within the State for the purposes of the security of critical infrastructure of protected systems; provided that the information shall remain confidential and shall not be available to the public." SECTION 3. Section 128A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Critical infrastructure information" means information not customarily in the public domain and related to the security of critical infrastructure or protected systems, including documents, records, or other information concerning: (1) Actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct, including the misuse of or unauthorized access to all types of communications and data transmission systems, that violates federal, state, local, or tribal law; harms interstate commerce of the United States; or threatens public health or safety; (2) The ability of any critical infrastructure or protected system to resist interference, attack, compromise, or incapacitation described in paragraph (1), including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk-management planning, or risk audit; or (3) Any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to interference, attack, compromise, or incapacitation described in paragraph (1)." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on June 30, 3000. |
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| 47 | + | SECTION 1. The legislature finds that in order to succeed in the legislated responsibilities of the State regarding protection of critical infrastructure under chapter 128A, Hawaii Revised Statutes, it is necessary to establish protections for critical infrastructure information. The purpose of this Act is to establish and specify protections for information that is received or maintained by the office of homeland security for use regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purposes. SECTION 2. Chapter 128A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§128A- Confidentiality of critical infrastructure information. (a) Notwithstanding section 92F-11 and any other law to the contrary, critical infrastructure information received or maintained by the office of homeland security shall be confidential and shall not be disclosed, except as provided in subsection (b). (b) The office of homeland security may share confidential critical infrastructure information received or maintained under subsection (a) with federal agencies and state and county agencies within the State for the purposes of the security of critical infrastructure of protected systems; provided that the information shall remain confidential and shall not be available to the public." SECTION 3. Section 128A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Critical infrastructure information" means information not subject to public disclosure under chapter 92F and related to the security of critical infrastructure or protected systems, including documents, records, or other information concerning: (1) Actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct, including the misuse of or unauthorized access to all types of communications and data transmission systems, that violates federal, state, local, or tribal law; harms interstate commerce of the United States; or threatens public health or safety; (2) The ability of any critical infrastructure or protected system to resist interference, attack, compromise, or incapacitation described in paragraph (1), including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk-management planning, or risk audit; or (3) Any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to interference, attack, compromise, or incapacitation described in paragraph (1)." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on June 30, 3000. |
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