A licensee shall:

(1) Exercise due diligence in selecting its third-party service provider; and

Terms Used In Hawaii Revised Statutes 431:3B-205

  • Third-party service provider: means a person, not otherwise defined as a licensee, that contracts with a licensee to maintain, process, store, or otherwise is permitted access to nonpublic information through its provision of services to the licensee. See Hawaii Revised Statutes 431:3B-101
(2) Where appropriate, require a third-party service provider to implement appropriate administrative, technical, and physical measures to protect and secure the information systems and nonpublic information that are accessible to or held by the third-party service provider; provided that encrypted nonpublic information is not accessible to or held by the third-party service provider within the meaning of this paragraph if the third-party service provider does not possess the associated protective process or key necessary to assign meaning to the nonpublic information.

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