(a) Notwithstanding any law to the contrary, in no event shall any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or their respective employees, directors, officers, assigns, affiliates, or agents, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to a person or from damage to property incurred by any person in connection with any act or omission in developing, designing, adopting, establishing, installing, participating in, implementing, maintaining, or providing access to enhanced 911 or any other communications service intended to help persons obtain emergency assistance. In addition, no communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or their respective employees, directors, officers, assigns, affiliates, or agents shall be liable for civil damages or criminal liability in connection with the release of customer information to any governmental entity, including any public safety answering point, as required under this chapter.
Terms Used In Hawaii Revised Statutes 138-9
Communications service: means a service capable of accessing, connecting with, or interfacing with a 911 system, by dialing, initializing, or otherwise activating the 911 system by means of a local telephone device, commercial mobile radio service device, Interconnected Voice over Internet Protocol device, indirect communication through a service bureau or call relay service, such as alarm companies, or any other means. See Hawaii Revised Statutes 138-1
Communications service provider: means an entity that provides communications service to a subscriber. See Hawaii Revised Statutes 138-1
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Public safety answering point: means the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to those calls. See Hawaii Revised Statutes 138-1
Reseller: means a person or entity that purchases communications service from a communications service provider for the purpose of reselling communications service to end-users. See Hawaii Revised Statutes 138-1
(b) In no event shall any public safety answering point, or its employees, assigns, or agents, or emergency response personnel, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to the person or from damage to property incurred by any person in connection with any act or omission in the development, installation, maintenance, operation, or provision of enhanced 911 service.
