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HI SB2291

Bill

Status

Engrossed

3/4/2022

Primary Sponsor

Chris Lee

Click for details

Origin

Senate

2022 Regular Session

AI Summary

  • Requires law enforcement to obtain a search warrant before accessing electronically stored data held by electronic communication service providers or remote computing service providers, except with written consent from the customer or subscriber.

  • Defines "electronically stored data" to include contents of communications, transactional records, and subscriber information maintained in electronic form by service providers.

  • Mandates that governmental entities provide notice to subscribers, customers, or users when accessing their records, unless the court authorizes otherwise.

  • Allows courts to delay notification of law enforcement access to electronic communications for up to 90 days or, at court discretion, until the deadline to provide discovery in criminal cases if notification could endanger safety, facilitate flight, destroy evidence, intimidate witnesses, or jeopardize investigations.

  • Implements recommendations from the Twenty-First Century Privacy Law Task Force to align Hawaii law with the U.S. Supreme Court's holding in Carpenter v. United States regarding digital privacy protections.

Legislative Description

Relating To Electronic Eavesdropping.

Search Warrants

Last Action

The committee(s) on JHA recommend(s) that the measure be deferred.

3/17/2022

Committee Referrals

Judiciary & Hawaiian Affairs3/10/2022
Judiciary1/24/2022

Full Bill Text

No bill text available