STAND. COM. REP. NO.  1043

Honolulu, Hawaii

                , 2017

RE:   H.B. No. 814

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 814, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM EMPLOYEE AND STUDENT ONLINE PRIVACY PROTECTION ACT,"

begs leave to report as follows:

The purpose of this measure is to adopt the uniform laws on protecting the online accounts of employees and students from employers and educational institutions, respectively.

The State of Hawaii Commission to Promote Uniform Legislation, Graduate Student Organization of the University of Hawaii at Manoa, and two individuals testified in support of the measure.  The University of Hawaii, Hawaii Civil Rights Commission, American Civil Liberties Union of Hawaii, and an individual provided comments.

     Your Committee has amended this measure by:

     (1)  Excluding from the definition of "protected personal online account" an account that the employer or educational institution has notified the employee or student might be subject to a request for login information or content and that the employer or educational institution issues login information under its domain name;

     (2)  Deleting from prohibited conduct of an employer or educational institution a request to the employee or student to disclose login information for a protected personal online account, disclose the content of the account, or to access or modify the settings of the account; and

     (3)  Changing the effective date to July 1, 2020, to allow employers and educational institutions additional time to implement the provisions of this measure.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 814, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 814, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

SCOTT Y. NISHIMOTO, Chair