Hawaii Governor Vetoes Geolocation Privacy Bill – HB702

Hawaii’s Governor exercised the veto earlier this month against the geolocation privacy bill that passed in the House and Senate of the Hawaii Legislature earlier this year, HB702: Relating to Satellite Navigation Technology.

The bill passed by the legislature prohibited the sale of location data recorded by a cell phone (a “satellite navigation technology-equipped device”) without the explicit consent of the primary user. Section 5 of the Act specified that it would take effect on July 1, 2019. It was vetoed on July 9, 2019.

The letter sent by the Governor to the members of the state legislature objected to the bill as one that would lead to ambiguity, confusion and unintended consequences. The letter said that it is a complex national industry and the bill lacked “appropriate wording to ensure consistent compliance and enforcement.”

The Governor’s letter said that the administration would work with the privacy task force created by House Concurrent Resolution 225 to provide recommendations and ensure appropriate legislation is introduced in the next session. The resolution is titled, “Convening a Task Force to Examine and Recommend Laws and Regulations to Update Privacy Law.”

The privacy task force will include six representatives of the government as well as other interested parties invited by the co-chairs to join the task force. The resolution requests the privacy law task force submit findings and recommendations by December 1, 2019. The next legislative session begins in January next year.

Hawaii also considered a version of the California Consumer Privacy Act (CCPA) that was introduced earlier this year as HB 418. However, that privacy bill did not appear to get any traction.