SB 1038 Hawaii Senate · 2026 Regular Session

RELATING TO PRIVACY.

SB 1038 clarifies privacy definitions by adding a specific term for "specified data element" and broadening the definition of "personal information." This bill directly affects businesses, organizations, and government entities that collect or handle personal data, as it changes how such data must be categorized. The key change is updating these definitions to include more specific data types, which would impact how entities comply with privacy requirements. The bill is scheduled to take effect on July 1, 3000, after passing committee review with amendments.

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 Dec 8, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

SB1038_HD1 → SB1038_SD1 · 5 edits

MODERATE

This bill updates Hawaii's data privacy laws by adding a new definition for 'identifier' and refining the definition of 'personal information' to better align with comprehensive federal and state standards. It also expands the list of businesses deemed compliant with security breach notice requirements to include those regulated by the Insurance Data Security Law. These changes aim to strengthen protections against identity theft and ensure consistent privacy standards across different sectors.

Scope change

The bill expands the scope of protected data elements to include specific identifiers like usernames and phone numbers, and broadens applicability to include insurance licensees subject to the Insurance Data Security Law.

DEFINITION

Added a new definition for 'identifier' to include common pieces of information like names, usernames, phone numbers, and email addresses used to identify individuals.

Modified the definition of 'personal information' to explicitly include combinations of identifiers with sensitive data like social security numbers or financial account details.

ELIGIBILITY

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

TIMELINE

Removed the original effective date of July 1, 3000, and replaced it with a new effective date of July 1, 2050.

REQUIREMENT

Updated the legislative findings to reflect that the task force's recommendations were based on expanded public use of the Internet and related technologies.

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 27, 2025

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1).

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

3 primary · 1 co-sponsor