STAND. COM. REP. NO. 2647

Honolulu, Hawaii

RE: S.B. No. 888

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 888, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Prohibit 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;

(2) Prohibit operators from requiring users to consent to share data with law enforcement agencies to use a smart household security device;

(3) Allow the Department of the Attorney General to bring a civil action against an operator that violates certain requirements; and

(4) Establish statutory penalties.

Your Committee received testimony in support of this measure from seven individuals.

Your Committee received comments on this measure from the Judiciary, Department of Law Enforcement, and Office of Consumer Protection of the Department of Commerce and Consumer Affairs.

Your Committee finds that operators of smart household security devices do not always notify a user when providing their data to law enforcement agencies. This includes both non-content data, such as account holder demographic information, and recorded audio and video content. This measure would safeguard privacy and consumer protection by ensuring users are in control of how their smart household security device data is shared.

Your Committee has amended this measure by:

(1) Inserting language that clarifies that the Office of Consumer Protection may bring an action to enforce a violation;

(2) Amending the definition of "judicial warrant" to clarify access to smart household security devices, even when such devices may contain evidence of crimes other than the illegal possession or use of a household security device;

(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

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

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

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JARRETT KEOHOKALOLE, Chair