STAND. COM. REP. NO. 1872

Honolulu, Hawaii

RE: H.B. No. 702

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 702, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SATELLITE NAVIGATION TECHNOLOGY,"

begs leave to report as follows:

The purpose and intent of this measure is to prohibit the sale or offering for sale of location data collected using satellite navigation technology without the explicit consent of the individual who is the primary user of the satellite navigation technology-equipped device.

Your Committee received testimony in support of this measure from the American Civil Liberties Union of Hawai‘i.

Your Committee finds that article I, section 6, of the Hawaii State Constitution provides that "[t]he right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest", and further provides that "[t]he legislature shall take affirmative steps to implement this right". Your Committee further finds that the sale of location data collected using satellite navigation technology without the consent of the user of the navigation technology-enabled device is a significant invasion of the privacy of the user. This measure prohibits such sales of location data.

Your Committee has amended this measure by:

(1) Removing unnecessary language that prohibited the sale or offer for sale of location data "in any manner, or by any means"; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

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. 702, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 702, H.D. 1, S.D. 2.

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

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KARL RHOADS, Chair