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THE SENATE |
S.B. NO. |
1286 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that, according to a report from the New York Times, automakers such as General Motors, Honda, Toyota, and Kia recently began including features in their vehicle-connected mobile applications that trade users' driving behaviors. The existence of data collecting and sharing partnerships between automakers, data brokers, and insurance companies often remains completely unknown to drivers whose data are being collected and sold. Some drivers with vehicles made by General Motors have stated that they were still being tracked even when the tracking feature on their vehicle was turned off. As a result, drivers' insurance rates have increased due to driver data being sold to data brokers and insurance companies.
Accordingly, the purpose of this Act is to prohibit automakers from collecting, sharing, or selling driver data to a third party without the express consent of the driver.
SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§481B- Sale of driver data without consent; prohibited. (a)
No person, in any manner or by any means, shall collect, share, sell, or
offer for sale any driver data that is recorded or collected through any means
by a motor vehicle without the explicit consent of the individual who is the
owner or lessee of the motor vehicle.
(b) For the purposes of this section:
"Consent"
means the prior express opt-in authorization for a specific use that may be
revoked by the individual at any time.
"Driver
data" means any information related to a person operating a motor vehicle that
is collected from a user's interactions with a motor vehicle, which may include:
(1) Personal or personally identifiable
information and other sensitive details about a user's actions and movements;
(2) Patterns of driving behavior, such
as speeding, frequent stops, and aggressive braking;
(3) Geolocation data, such as vehicle tracking
information, routes taken, and location history; and
(4) Information about a vehicle's operation and
usage patterns, such as frequent driving times, routes, or
destinations.
"Owner"
has the same meaning as defined in section 291C-1.
"Sale"
means selling, renting, releasing, disclosing, disseminating, making available,
transferring, or otherwise communicating orally, in writing, or by electronic
or other means, a user's driver data to another business or a third party for
monetary or other valuable consideration.
"Sale" does not include the releasing, disclosing,
disseminating, making available, transferring, or otherwise communicating
orally, in writing, or by electronic or other means, a user's driver data for
the purpose of responding to an emergency."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Data Privacy; Driver Data; Personal Information; Consumer Protection; Unfair and Deceptive Practices; Motor Vehicles
Description:
Prohibits
the collection, sale, or disclosure of any driver data that is obtained by a
motor vehicle or other connected car service, feature, or application to any third-party
without the explicit consent of the owner or lessee of the vehicle.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.