Hawaii 2023 Regular Session

Hawaii Senate Bill SB974

Introduced
1/20/23  
Refer
1/27/23  
Report Pass
2/17/23  
Refer
2/17/23  
Report Pass
3/3/23  
Engrossed
3/7/23  

Caption

Relating To Consumer Data Protection.

Impact

The enactment of SB974 will considerably modify how businesses handle personal data, necessitating them to implement more stringent data security measures and transparency protocols. Companies that either process data of over 100,000 consumers or derive a significant portion of their revenue from the sale of personal data will be particularly affected, prompting them to reevaluate their current data processing operations. The bill's approach reflects a growing trend towards protecting consumer privacy and holding businesses accountable for data management practices. However, certain businesses may find the additional requirements burdensome, potentially impacting their operational efficiency.

Summary

SB974, known as the Consumer Data Protection Act, establishes a comprehensive framework for regulating the processing of personal consumer data by controllers and processors in Hawaii. This bill introduces specific rights for consumers regarding their personal data, including the right to be informed, the right to access, and the right to opt-out of data processing for targeted advertising. It mandates that entities processing personal data obtain explicit consent from consumers, especially when dealing with sensitive data. Furthermore, it sets forth the penalties for violations of these provisions, allowing for civil penalties of up to $7,500 per violation, which are to be enforced exclusively by the department of the attorney general.

Sentiment

The sentiment around SB974 appears largely supportive among consumer advocacy groups, who view it as a critical step in safeguarding consumer privacy rights in the digital age. However, there are concerns from industry representatives regarding the potential economic implications of heightened regulations and the associated compliance costs. The overall discourse reflects a balancing act between protecting consumer interests and fostering a conducive environment for businesses to operate effectively in Hawaii.

Contention

One of the notable points of contention related to SB974 is the scope of its applicability and the implications for businesses, particularly regarding how they obtain consent for processing personal data. Critics express concern that the conditions outlined for obtaining consent may inadvertently place obstacles for businesses, pushing them towards excessive caution that might limit their capacity to innovate or use data effectively for legitimate purposes. Furthermore, there are discussions about the enforcement mechanisms and the powers granted to the department overseeing this act.

Companion Bills

No companion bills found.

Similar Bills

HI SB974

Relating To Consumer Data Protection.

HI SB1037

Relating To Consumer Data Protection.

HI SB3018

Relating To Consumer Data Protection.

NH SB255

Relative to the expectation of privacy.

NH SB255

Relative to the expectation of privacy.

MS SB2500

Mississippi Consumer Data Protection Act; enact.

ME LD1973

An Act to Enact the Maine Consumer Privacy Act

TN SB0073

AN ACT to amend Tennessee Code Annotated, Title 4; Title 12; Title 43; Title 45; Title 47; Title 48; Title 50; Title 61; Title 66 and Title 67, relative to commerce.