Hawaii Senate Bill SB21

Hawaii 2023 Regular Session

• Introduced: 1/18/23
• Refer: 1/20/23

Caption

Proposing An Amendment To The Hawaii State Constitution Establishing The Right To Own One's Own Data.

Impact

If enacted, the amendment would amend the state constitution, providing a foundational legal right that asserts ownership of personal data. The language in SB21 specifies that the legislature will determine which types of data are covered and how to enforce this right. This could lead to significant changes in how businesses and organizations handle user data, potentially requiring them to rethink their data collection and privacy policies to comply with this new constitutional requirement.

Summary

Senate Bill 21 (SB21) proposes an amendment to Article I of the Hawaii State Constitution to establish the right of individuals to own and have an exclusive property right to the data they generate while using the Internet. This legislative move aims to address growing concerns over data privacy and individual rights in the digital age. The bill seeks to ensure that personal data generated by individuals on public networked information systems is treated as their exclusive property, thus empowering citizens to have greater control over their personal information.

Contention

While the proposal has attracted support for its emphasis on personal data rights, it also raises questions about implementation and the potential repercussions on businesses and state regulations. Critics may argue that defining what constitutes personal data and determining the mechanisms for enforcement could become complex. There may also be concerns about possible conflict with existing state and federal laws regarding data protection and privacy, which could lead to legal challenges or require further adjustments to state legislation to align with this new constitutional provision.