HOUSE OF REPRESENTATIVES	H.B. NO.	2124
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to geotagging.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that geotagging, which is the process of appending geographic coordinates to media based on the location of an electronic mobile device, allows a user to easily share with others the user's location or where the user visited; however, there are unintended and potentially dangerous consequences of geotagging. The legislature further finds that geotagging is one of many contributing factors of overtourism, a major problem for the State as the increase in the number of visitors each year takes a toll on the State's infrastructure and natural resources.

Furthermore, the legislature finds that geotagging can attract large numbers of visitors to locations that lack the facilities needed to support large numbers of visitors, which also creates safety issues. The legislature additionally finds that geotagging has the potential to raise significant concerns regarding personal privacy and cybersecurity.

Therefore, the purpose of this Act is to prohibit geotagging on public lands in the State.

SECTION 2. Chapter 128B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§128B-    Geotagging; prohibited. (a) Notwithstanding any law to the contrary, no person shall engage in geotagging on public lands in the State.

(b) Geotagging is a misdemeanor.

(c) The department of law enforcement shall adopt rules pursuant to chapter 91 to implement this section.

(d) As used in this section:

"Geotagging" means the process of appending geographic coordinates to media based on the location of a mobile electronic device.

"Mobile electronic device" has the same meaning as in section 291C-137.

"Public lands" has the same meaning as in section 171-2."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Geotagging; Public Lands; Prohibition

Description:

Prohibits geotagging on public lands in the State.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.