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THE SENATE |
S.B. NO. |
888 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
Proposed |
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A BILL FOR AN ACT
RELATING TO CONSUMER PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§481B- Smart household security devices; data sharing with law enforcement; prohibition; penalties. (a) An operator shall not share user data with a law enforcement agency unless:
(1) The user consents in writing to share their data with a law enforcement agency; or
(2) The law enforcement agency provides the operator with a judicial warrant requiring the operator to share the data with the law enforcement agency.
(b) An operator shall not require a user to consent to share data with a law enforcement agency to use a smart household security device. An operator shall clearly and conspicuously, through a visible disclaimer, inform a user that they are not required to consent to share 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) Any violation of this section shall be deemed an unfair or deceptive act or practice in trade or commerce in violation of chapter 480.
(d) The attorney general may bring an action based on a violation of this section to recover all of the following relief:
(1) Injunctive relief;
(2) Damages in an amount equal to the greater of:
(A) Actual damages; or
(B) A civil penalty of $ per violation; and
(3) Reasonable attorneys' fees and costs.
(e) Nothing in this section shall be interpreted as creating a private right of action to enforce this section or to support a private right of action under any other law.
(f) The duties, remedies, and obligations imposed by this section are 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.
(g) 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, directed to an officer of justice, commanding the officer to search for certain articles supposed to be in the possession of, or anticipated to be in the possession of, one who is charged with having obtained them illegally, or who keeps them illegally, or with the intent of using them as the means of committing a certain offense; provided that a judicial warrant may identify an individual or entity authorized pursuant to section 803-37 to provide technical assistance to the officer. "Judicial warrant" includes 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, State, or county, 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 or makes available a smart household security device to the public. "Operator" does not include retail stores solely because the retail store provides access to 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, 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 upon its approval.
Report Title:
AG; Smart Household Security Devices; Law Enforcement Agencies; Data Sharing; Prohibition; Unfair or Deceptive Practices; Penalties
Description:
Prohibits operators of smart household security devices from sharing user data with law enforcement agencies unless the user consents or the law enforcement agency obtains a judicial warrant. Prohibits operators from requiring users to consent to share data with law enforcement agencies to use a smart household security device. Allows the Department of the Attorney General to bring a civil action against operators who violate certain requirements and establishes statutory penalties. (Proposed SD1)
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