Hawaii 2025 Regular Session

Hawaii Senate Bill SB1163 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1163 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to privacy. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1163
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1163
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to privacy.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that the unregulated and unfettered sale of mobile device users' geolocation information, particularly data pertaining to sensitive locations like reproductive health clinics, poses significant implications with respect to the civil rights and liberties of residents and visitors to the State. Additionally, these sales may infringe upon citizens' right to an accessible, safe abortion by allowing purchasers to surveil mobile device users' activities in relation to reproductive health clinics. In August 2022, the Federal Trade Commission sued a data broker corporation for the sale of hundreds of millions of mobile device users' geolocation information, finding that these sales identified and exposed individuals to dangers regarding discrimination, stigma, job loss, and physical violence. Central to their lawsuit are complaints about the role that geolocation information sales could play in disclosing users' private medical decisions, especially their protected use of abortion services. By tracking individuals' movements around reproductive health clinics, the Federal Trade Commission alleges that data brokers put the identity and safety of those seeking abortion services at risk. Additionally, the Federal Trade Commission found that these sales could endanger those employed by reproductive health clinics, including medical professionals, social workers, and administrative staff. Nonconsensual sales of geolocation information can divulge home addresses and daily routines by monitoring users' physical movements, creating dangerous situations for citizens that the legislature finds unacceptable. The legislature further finds that this is especially problematic for citizens seeking or providing abortion care in the State. The legislature believes that these sales not only infringe on citizens' privacy rights, but also may inhibit access to safe abortion care. The legislature believes that the State's citizens should not be subject to such violations of their civil rights and liberties. The legislature has determined that comprehensive regulatory action on geolocation data is necessary to prevent the uncontrolled sale of geolocation information. Accordingly, the purpose of this Act is to prohibit the sale of: (1) Geolocation information without consent; (2) Data collected through eavesdropping or through an application operating in the background of a device that uses the device's microphone; and (3) Internet browser information without consent. SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows: "§481B- Sale of geolocation information without consent or data collected through eavesdropping; prohibited. (a) No person, in any manner, or by any means, shall sell or offer for sale: (1) Geolocation information that is recorded or collected through any means by a mobile device or location-based application without the explicit consent of the individual who is the primary user of the device or application; or (2) Data that is recorded or collected through: (A) Eavesdropping; or (B) An application operating in the background of a device that uses the device's microphone. (b) For the purposes of this section: "Consent" means prior express opt-in authorization that may be revoked by the user at any time. "Emergency" means the imminent or actual occurrence of an event that is likely to cause extensive injury, death, or property damage. "Geolocation information" means information that is: (1) Not the contents of a communication; (2) Generated by or derived, in whole or in part, from the operation of a mobile device, including but not limited to a smart phone, tablet, fitness tracker, e‑reader, or laptop computer; and (3) Sufficient to determine or infer the precise location of the user of the device. "Location-based application" means a software application that is downloaded or installed onto a device or accessed via a web browser that collects, uses, or stores geolocation information. "Precise location" means any data that locates a user within a geographic area that is equal to or less than the area of a circle having a radius of one mile. "Sale" means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a user's geolocation information to another business or a third party for monetary or other valuable consideration. "Sale" does not include the releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a user's geolocation information for the purpose of responding to an emergency. "User" means a person who purchases or leases a device or installs or uses an application on a mobile device. §481B- Sale of internet browser information without consent; prohibited. (a) No person, in any manner, or by any means, shall sell or offer for sale internet browser information without the explicit consent of the subscriber of the internet service. (b) For the purposes of this section: "Consent" means prior express opt-in authorization that may be revoked by the subscriber at any time. "Internet browser information" means information from a person's use of the Internet, including: (1) Web browsing history; (2) Application usage history; (3) The origin and destination internet protocol addresses; (4) A device identifier, such as a media access control address, international mobile equipment identity, or internet protocol addresses; and (5) The content of the communications comprising the internet activity. "Internet service" means a retail service that provides the capability to transmit data to and receive data through the Internet using a dial-up service, a digital subscriber line, cable modem, fiber optics, wireless radio, satellite, powerline, or other technology used for a similar purpose. "Sale" means the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, of internet browser information to another business or a third party for monetary or other valuable consideration. "Subscriber" means an applicant for or a current or former customer of an internet service." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that the unregulated and unfettered sale of mobile device users' geolocation information, particularly data pertaining to sensitive locations like reproductive health clinics, poses significant implications with respect to the civil rights and liberties of residents and visitors to the State. Additionally, these sales may infringe upon citizens' right to an accessible, safe abortion by allowing purchasers to surveil mobile device users' activities in relation to reproductive health clinics.
50	50
51	51	In August 2022, the Federal Trade Commission sued a data broker corporation for the sale of hundreds of millions of mobile device users' geolocation information, finding that these sales identified and exposed individuals to dangers regarding discrimination, stigma, job loss, and physical violence. Central to their lawsuit are complaints about the role that geolocation information sales could play in disclosing users' private medical decisions, especially their protected use of abortion services. By tracking individuals' movements around reproductive health clinics, the Federal Trade Commission alleges that data brokers put the identity and safety of those seeking abortion services at risk. Additionally, the Federal Trade Commission found that these sales could endanger those employed by reproductive health clinics, including medical professionals, social workers, and administrative staff. Nonconsensual sales of geolocation information can divulge home addresses and daily routines by monitoring users' physical movements, creating dangerous situations for citizens that the legislature finds unacceptable.
52	52
53	53	The legislature further finds that this is especially problematic for citizens seeking or providing abortion care in the State. The legislature believes that these sales not only infringe on citizens' privacy rights, but also may inhibit access to safe abortion care. The legislature believes that the State's citizens should not be subject to such violations of their civil rights and liberties. The legislature has determined that comprehensive regulatory action on geolocation data is necessary to prevent the uncontrolled sale of geolocation information.
54	54
55	55	Accordingly, the purpose of this Act is to prohibit the sale of:
56	56
57	57	(1) Geolocation information without consent;
58	58
59	59	(2) Data collected through eavesdropping or through an application operating in the background of a device that uses the device's microphone; and
60	60
61	61	(3) Internet browser information without consent.
62	62
63	63	SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:
64	64
65	65	"§481B- Sale of geolocation information without consent or data collected through eavesdropping; prohibited. (a) No person, in any manner, or by any means, shall sell or offer for sale:
66	66
67	67	(1) Geolocation information that is recorded or collected through any means by a mobile device or location-based application without the explicit consent of the individual who is the primary user of the device or application; or
68	68
69	69	(2) Data that is recorded or collected through:
70	70
71	71	(A) Eavesdropping; or
72	72
73	73	(B) An application operating in the background of a device that uses the device's microphone.
74	74
75	75	(b) For the purposes of this section:
76	76
77	77	"Consent" means prior express opt-in authorization that may be revoked by the user at any time.
78	78
79	79	"Emergency" means the imminent or actual occurrence of an event that is likely to cause extensive injury, death, or property damage.
80	80
81	81	"Geolocation information" means information that is:
82	82
83	83	(1) Not the contents of a communication;
84	84
85	85	(2) Generated by or derived, in whole or in part, from the operation of a mobile device, including but not limited to a smart phone, tablet, fitness tracker, e‑reader, or laptop computer; and
86	86
87	87	(3) Sufficient to determine or infer the precise location of the user of the device.
88	88
89	89	"Location-based application" means a software application that is downloaded or installed onto a device or accessed via a web browser that collects, uses, or stores geolocation information.
90	90
91	91	"Precise location" means any data that locates a user within a geographic area that is equal to or less than the area of a circle having a radius of one mile.
92	92
93	93	"Sale" means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a user's geolocation information to another business or a third party for monetary or other valuable consideration. "Sale" does not include the releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a user's geolocation information for the purpose of responding to an emergency.
94	94
95	95	"User" means a person who purchases or leases a device or installs or uses an application on a mobile device.
96	96
97	97	§481B- Sale of internet browser information without consent; prohibited. (a) No person, in any manner, or by any means, shall sell or offer for sale internet browser information without the explicit consent of the subscriber of the internet service.
98	98
99	99	(b) For the purposes of this section:
100	100
101	101	"Consent" means prior express opt-in authorization that may be revoked by the subscriber at any time.
102	102
103	103	"Internet browser information" means information from a person's use of the Internet, including:
104	104
105	105	(1) Web browsing history;
106	106
107	107	(2) Application usage history;
108	108
109	109	(3) The origin and destination internet protocol addresses;
110	110
111	111	(4) A device identifier, such as a media access control address, international mobile equipment identity, or internet protocol addresses; and
112	112
113	113	(5) The content of the communications comprising the internet activity.
114	114
115	115	"Internet service" means a retail service that provides the capability to transmit data to and receive data through the Internet using a dial-up service, a digital subscriber line, cable modem, fiber optics, wireless radio, satellite, powerline, or other technology used for a similar purpose.
116	116
117	117	"Sale" means the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, of internet browser information to another business or a third party for monetary or other valuable consideration.
118	118
119	119	"Subscriber" means an applicant for or a current or former customer of an internet service."
120	120
121	121	SECTION 3. New statutory material is underscored.
122	122
123	123	SECTION 4. This Act shall take effect upon its approval.
124	124
125	125
126	126
127	127	INTRODUCED BY: _____________________________
128	128
129	129	INTRODUCED BY:
130	130
131	131	_____________________________
132	132
133	133
134	134
135	135
136	136
137	137
138	138
139	139
140	140
141	141
142	142
143	143
144	144
145	145
146	146
147	147
148	148
149	149
150	150
151	151
152	152
153	153
154	154
155	155
156	156
157	157
158	158
159	159
160	160
161	161
162	162
163	163
164	164
165	165
166	166
167	167
168	168
169	169
170	170
171	171
172	172
173	173
174	174
175	175
176	176
177	177
178	178
179	179	Report Title: Privacy; Geolocation Information; Eavesdropping; Internet Browser Information Description: Prohibits the sale of geolocation information and internet browser information without consent. Prohibits the sale of data collected through eavesdropping or through an application operating in the background of a device that uses the device's microphone. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
180	180
181	181
182	182
183	183
184	184
185	185
186	186
187	187	Report Title:
188	188
189	189	Privacy; Geolocation Information; Eavesdropping; Internet Browser Information
190	190
191	191
192	192
193	193	Description:
194	194
195	195	Prohibits the sale of geolocation information and internet browser information without consent. Prohibits the sale of data collected through eavesdropping or through an application operating in the background of a device that uses the device's microphone.
196	196
197	197
198	198
199	199
200	200
201	201
202	202
203	203	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.