SB888 HD2

SECTION 1. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§481B- Smart household security devices; data sharing with law enforcement; prohibition; penalties. (a) An operator shall not share smart household security device user data with a law enforcement agency unless:

(1) The user consents in writing to share their data with a law enforcement agency;

(2) The law enforcement agency provides the operator with a judicial warrant requiring the operator to share the data with the law enforcement agency; or

(3) There is an emergency situation; provided that:

(A) The emergency involves a clear and present danger of imminent death or serious bodily harm to a person or persons resulting from a kidnapping, an abduction, or the holding of a hostage by force or the threat of the imminent use of force;

(B) There was no prior notice of the emergency sufficient to obtain prior judicial approval, and the law enforcement officer reasonably believes that an order permitting the obtaining of smart household security device data would be issued were there prior judicial review;

(C) The smart household security device data is necessary and the only potential data available to prevent imminent death or serious bodily harm to a person or persons; and

(D) The smart household security device data must and can be accessed before a judicial warrant could be issued to prevent imminent death or serious bodily harm to a person or persons.

(b) An operator shall not require a user to consent to the sharing of smart household security device data with a law enforcement agency as a condition of using a smart household security device. An operator shall clearly and conspicuously inform the user, through a visible disclaimer, that the user is not required to consent to sharing data with a law enforcement agency and that refusing to consent will not terminate the user's ability to use the smart household security device.

(c) Notwithstanding section 480-2 or any law to the contrary, and notwithstanding subsection (d), no person, including a consumer, may bring a private action to enforce this section or a private action under any other law based on a violation of this section.

(d) The duties, remedies, and obligations imposed by this section shall be cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.

(e) For the purposes of this section:

"Judicial warrant" means an order in writing or otherwise pursuant to section 803-33.5 made by a judge or other magistrate, or a warrant issued pursuant to Rule 41 of the Federal Rules of Criminal Procedure.

"Law enforcement agency" means any county police department, the department of law enforcement, and any federal, state, or county public body that employs law enforcement officers.

"Law enforcement officer" means any public servant, whether employed by the United States, the State, or a county, who is vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

"Operator" means a person who develops, makes available, or operates a smart household security device to the public and who collects, retains, or controls access to smart household security device data associated with a user account profile. "Operator" does not include a retail store solely because the retail store provides access to or sells a smart household security device.

"Smart household security device" means a device primarily intended for residential security or monitoring that:

(1) Is installed or affixed to a residential dwelling, accessory structure, or entryway;

(2) Continuously or intermittently captures visual images or audio recordings, or both; and

(3) Enables storage, transmission, or remote access to the recordings through a digital networked system.

"Smart household security device" does not include a personal computing device, tablet, or mobile phone when used incidentally for recording; a device used solely for live two-way communication without recording capability; or a device owned or operated by a government entity for public surveillance.

"User" means a person who has, or generates, an account or profile to use a smart household security device."

SECTION 2. 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 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 on July 1, 3000.

Report Title:

AG; OCP; Unfair or Deceptive Practices; Smart Household Security Device Data; Prohibition; Consent; Law Enforcement Agencies; Warrants; Emergency Situation

Description:

Prohibits operators of smart household security devices from sharing user data with law enforcement agencies unless the user consents, the law enforcement agency obtains a judicial warrant, or there is an emergency situation involving a clear and present danger of imminent death or great bodily harm. Prohibits operators from requiring users to consent to the sharing of data with law enforcement agencies as a condition of using a smart household security device. Effective 7/1/3000. (HD2)

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

THE SENATE	S.B. NO.	888
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 2