STAND

STAND. COM. REP. 2581

Honolulu, Hawaii

, 2004

RE: S.B. No. 2377

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, 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 measure is to include digitally recorded images and the use of any device to make such recordings as part of the offense of violation of privacy.

This measure adds:

(1) Digital storage to the definition of record for purposes of the violation of privacy law; and

(2) Photographic image transmissions to the violation of privacy law in the second degree, and adds clarifying amendments.

Testimony in support of this measure was received from the Honolulu Prosecuting Attorney, Honolulu Police Department, and T-Mobile USA, Inc.

Your Committee finds that with the advent of new technologies, such as cellular telephones that are capable of taking digital photographs and transmitting them, statutory amendments are necessary to regulate inappropriate uses of the technology that would violate a person's privacy.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2377, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair