STAND

STAND. COM. REP. NO. 826-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2377

S.D. 1

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Economic Development and Business Concerns, to which was referred S.B. No. 2377, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PRIVACY,"

begs leave to report as follows:

The purpose of this bill is to protect individual privacy by:

(1) Including digital recordings under the offense of violation of privacy; and

(2) Amending the offense of violation of privacy in the second degree to include photographic images among the types of private communications that may not be intercepted or divulged without the consent of the sender or receiver, except when the images are disseminated, distributed, or transferred by electronic communication service providers or remote storage services in the ordinary course of their business.

The Honolulu Department of the Prosecuting Attorney, Honolulu Police Department, Commission on the Status of Women, and League of Women Voters of Hawaii submitted testimony in support of this measure. T-Mobile USA, Inc. supported this measure with amendments.

Your Committee has amended this bill by:

(1) Adding the definitions of "electronic communication," "electronic communication service," "electronic communication service provider," "remote storage device," and "electronic communication system"; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Economic Development and Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2377, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2377, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Economic Development and Business Concerns,

		____________________________ BRIAN SCHATZ, Chair