STAND. COM. REP. NO. 2422

Honolulu, Hawaii

RE: S.B. No. 2744

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2744 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO THE STATE CONSTITUTION ESTABLISHING THE RIGHT TO OWN ONE'S OWN DATA,"

begs leave to report as follows:

The purpose and intent of this measure is to propose to amend article 1 of the Hawaii State Constitution by establishing the right of each person to own and have an exclusive property right in the data they generate on the internet.

Your Committee received testimony in support of this measure from one individual. Your Committee received testimony in opposition to this measure from TechNet. Your Committee received comments on this measure from the Hawaii Credit Union League.

Your Committee finds that the collection and processing of consumer information has grown exponentially in recent years. Your Committee further finds that some jurisdictions have attempted to regulate the collection, transmission, processing, protection, and storing of personal data and information in an effort to protect privacy of internet users. Your Committee additionally finds that Hawaii law and culture has a high bar for privacy when compared to other states. This measure will ensure that a person's data is their exclusive property to ensure that their privacy is protected.

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 S.B. No. 2744 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

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

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KARL RHOADS, Chair