| 47 | | - | SECTION 1. The legislature finds that in order to succeed in the responsibilities of the State to provide homeland security 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 regarding the security of critical infrastructure and protected systems, including any analysis, warning, interdependency study, recovery, reconstitution, or other informational purposes. SECTION 2. Chapter 128A, Hawaii Revised Statutes, is amended by adding to part I 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 in connection with the Hawaii state critical infrastructure security and resilience program 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, state, and county agencies within the State for the purposes of the security of critical infrastructure and protected systems; provided that the information shall remain confidential and shall not be disclosed by the receiving agency to the public. (c) Nothing contained in this section shall be construed to alter existing rights to access government records subject to chapter 92F from an agency other than the office of homeland security and any state and county agencies receiving confidential critical infrastructure information under subsection (b)." 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 provided by private entities that is not customarily in the public domain and that, if disclosed, could reveal vulnerabilities in critical infrastructure that, if exploited, would likely result in the significant disruption, destruction, or damage of or to operations, property, or facilities. "Critical infrastructure information" is 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, compromise, or incapacitation, 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 that it is related to the interference, compromise, or incapacitation of the critical infrastructure or protected system." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2077. |
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| 47 | + | SECTION 1. The legislature finds that in order to succeed in the responsibilities of the State to provide homeland security 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 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 to part I 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 in connection with the Hawaii state critical infrastructure security and resilience program 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 disclosed by the receiving agency to the public. (c) Nothing contained in this section shall be construed to alter existing rights to access government records subject to chapter 92F from an agency other than the office of homeland security and state and county agencies receiving confidential critical infrastructure information under subsection (b)." 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 provided by private entities that is not customarily in the public domain and that, if disclosed, would reveal vulnerabilities in critical infrastructure that, if exploited, would likely result in the significant disruption, destruction, or damage of or to operations, property, or facilities. "Critical infrastructure information" is 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 the interference, compromise, or incapacitation, 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 that it is related to the interference, compromise, or incapacitation." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2077. |
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