STAND. COM. REP. NO. 1431-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 888

S.D. 2

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 888, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CONSUMER PROTECTION,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Prohibit, as an unfair or deceptive act or practice, 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; and

(2) Prohibit operators from requiring users to consent to share data with law enforcement agencies as a condition to using a smart household security device.

Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs and five individuals.

Your Committee finds that the increasing use of smart household security devices has enhanced residential safety and convenience, but has also resulted in the collection and storage of large volumes of sensitive personal data. Your Committee further finds that clear limitations on the disclosure and use of such data are necessary to protect individual privacy and maintain public trust, while preserving appropriate access for law enforcement through established legal processes. Accordingly, this measure establishes uniform safeguards governing the handling and disclosure of data generated by smart household security devices to promote consumer protection, transparency, and accountability without unduly restricting legitimate law enforcement activities.

Your Committee has amended this measure by:

(1) Specifying that an operator may share smart household security device user data with a law enforcement agency in the event of an emergency situation involving a clear and present danger of imminent death or serious bodily harm to a person resulting from a kidnapping or abduction or in a hostage situation;

(2) Deleting language that is redundant to existing statutory language that:

(A) Specified that a violation is an unfair or deceptive act or practice; and

(B) Delineated the enforcement and remedies for violations of this measure;

(3) Clarifying that no person, including a consumer under the laws relating to unfair or deceptive acts or practices, may bring a private action to enforce this measure or a private action under any other law resulting from a violation of this measure;

(4) Changing the effective date to July 1, 3000, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 888, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 888, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

SCOT Z. MATAYOSHI, Chair