HOUSE OF REPRESENTATIVES

H.B. NO.

1753

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to SOCIAL MEDIA.

 

 

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

 

     SECTION 1.  This Act shall be known and may be cited as the Hawaii Social Media Data Deletion Act.

     SECTION 2.  The legislature finds that social media platforms collect, store, and process large amounts of users' personal information, including data that can persist indefinitely even after a user deletes an account.  Users should have meaningful control over their digital identities and personal information, including clear rights to delete such information when they choose to discontinue using a platform.  Effective deletion of personal data upon account termination promotes digital privacy, reduces the risk of unauthorized data retention and third-party sharing, and aligns with emerging state privacy standards.

     The purpose of this Act is to require certain social media platforms to:

     (1)  Provide an accessible mechanism for users to delete their accounts;

     (2)  Permanently erase all personal information associated with deleted accounts; and

     (3)  Prohibit deceptive practices that obstruct deletion.

     SECTION 3.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

social media protections

part i.  General provisions

     §   -1  Definitions.  As used in this chapter:

     "Covered platform" means a social media platform that:

     (1)  Has more than      users nationwide; or

     (2)  Generates more than $           in annual global revenue.

     "Delete" or "deletion" means the removal of personal information from a covered platform's systems and databases resulting in the platform no longer retaining or using the personal information, except as otherwise permitted under applicable state or federal law.

     "Personal information" means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with a particular individual.

     "Social media platform" means an electronic service or system that enables users to create profiles and interact with others, including posting content, messaging, or engaging in social networking online.

PART II.  COVERED PLATFORMS' OBLIGATIONS

     §   -2  Account deletion; users rights.  (a)  A covered platform shall provide every user of the covered platform with a clear, conspicuous, and easily accessible method to request deletion of the user's account at any time.

     (b)  Upon confirmation of a covered platform user's account deletion request, the covered platform shall:

     (1)  Erase all personal information associated with the user's account and collected directly through the user's activity on the platform; and

     (2)  Notify the user that deletion of the user's account and personal information has been completed.

     (c)  A covered platform shall not design or implement user interfaces, terms, or processes that:

     (1)  Obscure, delay, or make the request for deletion of a user's account and personal information more difficult; or

     (2)  Require disclosure of additional personal information beyond what is necessary to verify the user's account deletion request.

     §   -3  Account deletion; verification; timely deletion.  (a)  A covered platform shall complete the deletion of personal information within forty-five days of receiving a covered platform user's confirmed request to delete the account, unless otherwise required by state or federal law.

     (b)  A covered platform may implement reasonable procedures to verify that the individual initiating the deletion request of an account is the account holder.

     §   -4  Recordkeeping.  A covered platform shall maintain records of deletion requests and confirmations for a period of      years to demonstrate compliance with this chapter.

PART III.  ADMINISTRATION AND ENFORCEMENT

     §   -5  Enforcement.  The attorney general may enforce this chapter through civil actions and seek injunctive relief and penalties for violations of this chapter.  Penalties may include fines up to $           per violation of this chapter per day.

     §   -6  Rules.  The department of the attorney general may adopt rules pursuant to chapter 91 necessary to implement and enforce this chapter."

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  This Act shall take effect on January 1, 2027.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

AG; Social Media Platforms; User Information; Deletion

 

Description:

Requires certain social media platforms to provide an accessible mechanism for users to delete their accounts on the platform and permanently erase all personal information associated with deleted accounts.  Prohibits certain deceptive practices by a social media platform that obstructs the deletion of user accounts.  Authorizes the Attorney General to pursue civil actions and seek injunctive relief and penalties for violations.  Effective 1/1/2027.

 

 

 

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