Bill Text: HI HB346 | 2022 | Regular Session | Introduced
Bill Title: Relating To Privacy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB346 Detail]
Download: Hawaii-2022-HB346-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
346 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to privacy.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that House Concurrent Resolution No. 225, S.D. 1, Regular Session of 2019, (resolution) established the twenty-first century privacy law task force (task force), whose membership consisted of individuals in government and the private sector with an interest or expertise in privacy law in the digital era. The resolution found that public use of the internet and related technologies have significantly expanded in recent years, and that a lack of meaningful government regulation has resulted in personal privacy being compromised. Accordingly, the legislature requested that the task force examine and make recommendations regarding existing privacy laws and regulations to protect the privacy interests of the people of Hawai‘i.
The legislature further finds that the task force considered a spectrum of related privacy issues that have been raised in Hawai‘i and other states in recent years, including the advancement and spread of deep fake technology. Deep fake technology enables the creation of synthetic media in which a person in an existing image or video is replaced with the likeness of another person.
The legislature additionally finds that one of the recommendations made by the task force was that the State protect the privacy of a person's likeness by adopting laws that prohibit the unauthorized use of deep fake technology, which is advancing rapidly and is easily sharable on social media.
Accordingly, the purpose of this Act is to add the intentional disclosure or threat of disclosure of certain types of deep fake images or video to the offense of violation of privacy in the first degree.
SECTION 2. Section 711-1110.9, Hawaii Revised Statutes, is amended to read as follows:
"§711-1110.9 Violation of privacy in the first degree. (1) A person commits the offense of violation of privacy in the first degree if, except in the execution of a public duty or as authorized by law:
(a) The person
intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy
therein, any device for observing,
recording, amplifying, or broadcasting another person in a stage of undress
or sexual activity in that place; [or]
(b) The person
knowingly discloses or threatens to disclose an image or video of another
identifiable person either in the nude, as defined in section 712‑1210,
or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with
intent to harm substantially the depicted person with respect to that person's
health, safety, business, calling, career, education, financial condition,
reputation, or personal relationships or as an act of revenge or retribution; [provided
that:] or
(c) The person intentionally
creates or discloses, or threatens to disclose, an image or video of a composite
fictitious person depicted in the nude as defined in section 712-1210, or engaged
in sexual conduct as defined in section 712-1210, that includes the recognizable
physical characteristics of a known person so that the image or video appears to
depict the known person and not a composite fictitious person, with intent to substantially
harm the depicted person with respect to that person's health, safety, business,
calling, career, education, financial condition, reputation, or personal relationships,
or as an act of revenge or retribution.
[(i)] (2) [This] Other than as provided
in paragraph (1)(c), this section shall not apply to images or
videos of the depicted person made:
[(A)] (a) When
the person was voluntarily nude in public or voluntarily engaging in sexual
conduct in public; or
[(B)] (b) Pursuant
to a voluntary commercial transaction[; and].
[(ii)] (3) Nothing in this [paragraph] section
shall be construed to impose liability on a provider of "electronic
communication service" or "remote computing service" as those
terms are defined in section 803-41, for an image or video disclosed through
the electronic communication service or remote computing service by another
person.
[(2)] (4) Violation of privacy in the first degree is a
class C felony.
In addition to any penalties the court may impose, the court may order
the destruction of any recording made in violation of this section.
[(3)] (5) Any recording or
image made or disclosed in violation of this section and not destroyed pursuant
to subsection [(2)] (4) shall be sealed and remain confidential."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Right of Privacy; Disclosure of Images or Video; Deep Fakes
Description:
Adds the intentional disclosure or threat of disclosure of certain types of deep fake images or video to the offense of violation of privacy in the first degree.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
