United States of America: Rejected Bill for an Act Relating to Consumer Data Protection (HB 1497)

On 4 May 2023, the Hawaii Bill for an Act Relating to Consumer Data Protection (HB 1497) was rejected after failing to pass before the legislature session adjourned. HB 1497 is the companion bill of SB 1110, introduced in the Hawaii Senate on 20 January 2023. The Act would apply to entities that either conduct their business in Hawaii or produce services or goods for residents of Hawaii while also fulfilling one of the following two thresholds - either control the data of a minimum of 100'000 consumers or control the data of a minimum of 25'000 consumers, while 50% of their revenue is coming from the sale of personal data. Government entities would be excluded from the scope of the Act. Under the Act, consumers would have the right to correct their personal information, the right to deletion, the right to access, and the right to opt-out of processing their information for purposes of targeted advertising or profiling, among others. A violation of the Act is categorised as an unfair method of competition. Violations of the Act can result in civil penalties, while consumers would also have to right to bring a private civil action. If turned into law, the Act would take effect on 1 July 2023.