THE SENATE	S.B. NO.	2630
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to location data from electronic devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 487, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§487-    Electronic device location data collected or used by businesses. (a)  No business shall acquire, aggregate, analyze, sell, or otherwise use the location data of any electronic device without first obtaining in writing the informed, affirmative consent of the owner or user of the device.

(b)  Any person who violates this section shall be subject to civil penalties of not more than $        .

(c)  As used in this section:

"Business" means a sole proprietorship, partnership, limited partnership, corporation, limited liability company, association, or any other form of business entity.

"Electronic device" means a device that enables access to or use of any:

(1) Electronic communication service, as that term is defined in section 803-41;

(2) Remote computing service, as that term is defined in section 803-41; or

(3) Global positioning service or other mapping, locational, or directional information service.

"Location data" means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Privacy; Electronic Devices; Collection or Use of Location Data by Businesses

Description:

Prohibits businesses from acquiring or using location data from an electronic device that enables access to electronic communications, remote computing, or location information services, except with the owner's or user's consent.

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