SB 1038 Hawaii Senate · 2025 Regular Session

RELATING TO PRIVACY.

SB 1038 defines "specified data element" and expands the definition of "personal information" under privacy law. This foundational bill clarifies which types of data are protected, directly affecting how businesses and organizations handle consumer data. The key mechanism is updating these definitions to cover more data types, though the bill itself does not create new privacy rights or enforcement rules. It takes effect July 1, 2030 (note: "3000" in the abstract appears to be a typo).

Issues: ✓ Technology

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House Passage

Governor

Introduced Jan 17, 2025 Last action Mar 19, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

SB1038_HD1 → SB1038_SD1 · 4 edits

MODERATE

This bill updates Hawaii's privacy law by adding new definitions for 'identifier' and 'specified data element' to better protect personal information. It expands what counts as personal information in data breach scenarios and adds insurance licensees to the list of businesses that must comply with security breach notice requirements. The effective date was changed from July 1, 3000 to July 1, 2050.

Scope change

The bill now includes insurance licensees subject to the Insurance Data Security Law as businesses deemed compliant with security breach notice requirements, and adds a new 'identifier' definition to clarify what information can be used to identify individuals across technology platforms.

DEFINITION

Added new definition for 'identifier' covering names, usernames, phone numbers, and email addresses commonly used to identify individuals across technology platforms

Added new definition for 'specified data element' that excludes medical information protected by HIPAA and other applicable federal or state law

REQUIREMENT

Added insurance licensees subject to the Insurance Data Security Law to the list of businesses deemed compliant with security breach notice requirements

TIMELINE

Changed effective date from July 1, 3000 to July 1, 2050

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 19, 2025

Committee

Reported from ECD (Stand. Com. Rep. No. 1380) as amended in HD 1, recommending passage on Second Reading and referral to CPC.

lower

Mar 14, 2025

Lower · Passed

The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Ilagan, Hussey, Tam, Templo, Todd, Matsumoto; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Holt.

lower

Mar 6, 2025

Committee

Referred to ECD, CPC, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 244) in amended form (SD 1).

lower

Mar 4, 2025

Upper · Passed

Report adopted; Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

upper

Feb 19, 2025

Upper · Passed

The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 3 Aye(s): Senator(s) Keohokalole, Fukunaga, McKelvey; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Richards, Awa.

upper

Feb 14, 2025

Upper · Passed

The committee(s) on CPN has scheduled a public hearing on 02-19-25 9:30AM; Conference Room 229 & Videoconference.

upper

Jan 23, 2025

Committee

Referred to CPN.

upper

Jan 17, 2025

Introduced

Introduced.

upper

2 primary · 1 co-sponsor