Hawaii 2024 Regular Session

Hawaii Senate Bill SB1085

Introduced
1/20/23  
Refer
1/27/23  
Introduced
1/20/23  

Caption

Relating To Biometric Information Privacy.

Impact

The legislation intends to enhance the protection of personal data by requiring private entities to explicitly inform individuals about the collection and storage of their biometric identifiers. It mandates that entities develop a written policy on the retention and destruction of such data and prohibits the sale or sharing of biometric information without proper consent. Furthermore, individuals aggrieved by violations can seek legal recourse through state courts, which empowers consumers to hold entities accountable for misuse of their biometric data.

Summary

SB1085, known as the Hawaii Biometric Information Privacy Act, aims to establish stringent standards regarding the collection, storage, retention, and destruction of biometric information by private entities. The bill recognizes the rising use of biometric identifiers, such as fingerprints and facial scans, particularly in sectors such as finance and security, while also acknowledging the associated risks of identity theft that can arise from compromised biometric data. The intent is to safeguard individual privacy in an era where biometric data is becoming increasingly prevalent.

Contention

While SB1085 has garnered support for its focus on privacy and consumer rights, concerns have been raised regarding its implications for businesses, particularly small enterprises that may struggle with compliance. Critics argue that the stringent regulations could complicate operations in industries reliant on biometric data for transactions or security measures. Additionally, questions have emerged regarding the feasibility of enforcing some provisions, particularly in relation to the definitions and exemptions outlined in the bill, leading to discussions on the balance between protecting individual privacy and supporting business innovation.

Companion Bills

HI SB1085

Carry Over Relating To Biometric Information Privacy.

Previously Filed As

HI SB1085

Relating To Biometric Information Privacy.

Similar Bills

AZ HB2155

Health information organizations; research; disclosures

AZ SB1238

Biometrics identifiers; collection; retention; disclosure

HI SB1085

Relating To Biometric Information Privacy.

HI SB1471

Relating To Privacy.

HI SB1471

Relating To Privacy.

TX HB4423

Relating to the collection, possession, or use of biometric identifiers and biometric information.

CA SB617

Workers’ compensation: providers.

CA AB2935

Health information privacy: digital commercial health monitoring.