United States of America: Rejected Senate Bill Relating to Consumer Data Protection (SB 974)

On 4 May 2023, the Hawaii Senate Bill Relating to Consumer Data Protection (SB 974) was rejected after failing to pass before the legislature session adjourned. The Bill would amend the Hawaii Revised Statutes. It would not apply to government entities, non-profit organisations and institutions of higher education. The Bill would establish data rights for consumers, stating that they may invoke their rights at any time by requesting the data controller, who must comply with the request within forty-five days of receipt. Furthermore, the Bill would establish new transparency obligations for data controllers, making it unlawful to collect and process data without consent. A ban would also be imposed on processing personal data for targeted advertising or sales without prior consent if the consumer is between thirteen and sixteen years of age. Measures on data protection assessment requirements, including for sensitive data, would come into force on 1 January 2025. Finally, in case of non-compliance, the entities face a fine of up to USD 7'500.