Bill Text: HI HCR225 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Convening A Task Force To Examine And Recommend Laws And Regulations To Update Privacy Law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-04-30 - Resolution adopted in final form. [HCR225 Detail]

Download: Hawaii-2019-HCR225-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	225
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

convening a TASK FORCe to examine and recommend laws and regulations to update privacy law.

 

 

 

     WHEREAS, Hawaii law and culture has a high bar for privacy when compared to other states; and

 

     WHEREAS, strong privacy laws are in the public interest; and

 

     WHEREAS, implications for and interests relating to privacy have changed in recent decades and laws must now catch up; and

 

     WHEREAS, the creation of the internet has significantly impacted the course of human history; and

 

     WHEREAS, in the short span of twenty-three years, public internet usage has increased from less than one percent to about fifty-five percent of the world's population; and

 

     WHEREAS, today, approximately seventy-five percent of Americans have access to the internet; and

 

     WHEREAS, as internet access has expanded, so has the function, capability, and public use of the internet; and

 

     WHEREAS, a major function and use of the internet is the collection and sharing of personal data and information, often over jurisdictional boundaries; and

 

     WHEREAS, given the rapid and constant development of internet function, capability, and public use, governments have struggled to adopt law and regulations that are relevant to the most current internet trends; and

 

     WHEREAS, one particular area in which internet use has expanded and governments have struggled to comprehensively regulate is the collection, transmission, processing, protection, and storing of personal data and information; and

 

     WHEREAS, because of this struggle, the privacy of individuals across the world has been compromised; and

 

     WHEREAS, some jurisdictions have attempted to regulate the collection, transmission, processing, protection, and storing of personal data and information in an effort to protect privacy of internet users; and

 

     WHEREAS, in 2018, the General Data Protection Regulation went into effect across the European Union, and placed significant restrictions on companies that collect, transmit, process, protect, and store personal data collected over the internet; and

 

     WHEREAS, additionally, the General Data Protection Regulation established significant penalties for those that do not comply with the Regulation; and

 

     WHEREAS, also in 2018, the California Consumer Privacy Act was signed into law, and it will go into effect in 2020; and

 

     WHEREAS, similar to the General Data Protection Regulation, the California Consumer Privacy Act gives consumers rights, such as the rights to opt out of the sale of any personal information and have personal data erased, and require companies to disclose certain uses of personal data; and

 

     WHEREAS, the State should examine existing internet privacy laws and regulation to determine how to best protect the privacy interests of the people of Hawaii; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that a Twenty-First Century Privacy Law Task Force be convened to examine and recommend laws and regulations relating to internet privacy, the collection, transmission, processing, protection, storage, and sale of personal data, hacking, data breaches, and other similar subjects; and

 

BE IT FURTHER RESOLVED that any Twenty-First Century Privacy Law Task Force recommendations relating to internet privacy laws are requested to match or exceed the intent of Hawaii's existing privacy protections established in the State Constitution and Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that the Twenty-First Century Privacy Law Task Force comprise the following members or their designees:

 

(1)  The Chair of the House Committee on Judiciary, who shall serve as co-chair of the Task Force;

 

(2)  The Chair of the Senate Committee on Judiciary, who shall serve as co-chair of the Task Force;

 

(3)  The Attorney General;

 

(4)  The Director of Commerce and Consumer Affairs; and

 

(5)  The Chief Information Officer; and

 

     BE IT FURTHER RESOLVED that the co-chairs of the Twenty-First Century Privacy Law Task Force may invite other interested parties to join the Task Force; and

 

     BE IT FURTHER RESOLVED that members of the Twenty-First Century Privacy Law Task Force serve without compensation; and

 

     BE IT FURTHER RESOLVED that the Twenty-First Century Privacy Law Task Force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; Attorney General; Director of Commerce and Consumer Affairs; Director of Business, Economic Development, and Tourism; and Chief Information Officer.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Privacy Law; Update; Twenty-First Century Privacy Law Task Force