RELATING TO MOTOR VEHICLES.
SB1286 would prohibit the collection, sharing, sale, or other disclosure of “driver data” obtained through a motor vehicle without the explicit consent of the vehicle’s owner or lessee. The bill is aimed at connected vehicles and related mobile apps, and it requires disclosure notices to be clear and conspicuous, with consent obtained separately for specific services and data uses. It also states that a refusal to consent to unnecessary data collection cannot be used to deny a service when the data is not reasonably needed.
The bill defines driver data broadly to include personal information, driving behavior, geolocation, routes, destinations, and vehicle usage patterns. It applies only to new motor vehicles sold or to software updates for existing vehicles, and it excludes emergency-related disclosures from the definition of “sale.” The measure also includes standard savings clauses preserving existing rights, liabilities, and contracts, and it would take effect on July 1, 2050.
If enacted, SB1286 would add a new consumer privacy restriction to chapter 481B of the Hawaii Revised Statutes, creating a specific prohibition on the sale or disclosure of connected-car data without opt-in consent. It would affect automakers, connected vehicle service providers, app developers, data brokers, and potentially insurers or other third parties that receive driving-related information. The bill would also establish disclosure and consent standards for vehicle data practices and could be enforced as part of Hawaii’s consumer protection and unfair or deceptive practices framework.
The available voting history suggests the bill received some support in the Senate Transportation and Culture and the Arts committee, where it passed 5-0 with amendments. However, the measure was later deferred by the Committee on Commerce and Consumer Protection, indicating that while the privacy rationale was broadly accepted, the bill did not advance cleanly through the committee process. No transcript excerpts are available, so the record shows procedural movement but not detailed debate.
The main policy tension is between consumer privacy and the data practices of automakers and related businesses. Supporters appear to be concerned about undisclosed tracking, data brokerage, and insurance-related uses of driving data, while potential opponents or skeptics may be concerned about compliance burdens, limits on vehicle functionality, and the scope of the consent requirements. The bill’s broad definition of driver data, its application to software updates, and its detailed consent standards are likely the most significant points of contention, along with the delayed effective date and the carve-out for emergency disclosures.