STAND. COM. REP. NO. 2378

Honolulu, Hawaii

RE: S.B. No. 2010

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Higher Education, to which was referred S.B. No. 2010 entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM EMPLOYEE AND STUDENT ONLINE PRIVACY PROTECTION ACT,"

begs leave to report as follows:

The purpose and intent of this measure is to establish the Uniform Employee and Student Online Privacy Protection Act that adopts uniform laws on protecting the online accounts of employees, prospective employees, unpaid interns, applicants, students, and prospective students from employers and educational institutions.

Your Committee received testimony in support of this measure from the Department of Education, University of Hawaii system, Hawaii Civil Rights Commission, Commission to Promote Uniform Legislation, and Democratic Party of Hawaii LGBT Caucus. Your Committee received comments on this measure from the American Civil Liberties Union of Hawaii.

Your Committee finds that, ordinarily, individuals decide for themselves who will have access to information that is not otherwise publicly available in their social media profiles and other online accounts. Employers and educational institutions, however, may have the power to coerce access to non-public information of students' and employees' personal online accounts.

Your Committee further finds that, in recent years, there have been a number of reported incidents in which employers and schools have demanded, and received, such access. This measure, which was developed by the Uniform Law Commission with input from employers, educational institutions, internet and other technology companies and privacy organizations, prevents employers and public and private educational institutions from coercing access to such information from employees and students who will normally have less than equal bargaining power.

Your Committee further finds that adoption of this uniform act will establish a set of rules that will help employers, educational institutions, employees, students, technology service providers, practitioners, judges, and others to effectively apply, comply with, and enforce the law in a more consistent manner.

As affirmed by the record of votes of the members of your Committee on Higher Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2010 and recommends that it pass Second Reading and be referred to your Committees on Commerce, Consumer Protection, and Health and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Higher Education,

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DONNA MERCADO KIM, Chair