Hawaiʻi OCP opposes federal act saying it would limit state from enacting stronger privacy protection laws

The Hawaiʻi Department of Commerce and Consumer Affairs’ Office of Consumer Protection joined a coalition of 15 attorneys general and state agencies in opposing the Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act (SECURE Data Act), a proposed federal data privacy bill.

The SECURE Act would impose a federal ceiling on privacy protections. Department officials say this would limit the Hawaiʻi Legislature’s ability to address new technologies that impact consumer privacy and to enact stronger laws to protect Hawaiʻi consumers as privacy risks evolve.  

In its letter, the coalition calls on Congress to reject the SECURE Data Act and to respect additional privacy protections states already grant their residents or would provide in future state-level legislation.

“The SECURE Data Act would effectively freeze privacy protections at the federal level and prevent Hawaiʻi from adopting stronger safeguards in the future,” said Mana Moriarty, executive director of OCP. “States need the flexibility to respond to new technologies and emerging privacy risks to ensure consumers remain protected.” 

Comprehensive state privacy laws have set minimum data privacy standards, including heightened protections for minors and sensitive consumer data, limits on how data may be used and retained, and the ability for consumers to stop the sale of their data via a universal opt-out preference signal.

“The SECURE Data Act would wipe out these meaningful protections, making it harder for consumers to exercise their rights, give businesses more discretion on how to use and retain their data, and significantly limit enforcement remedies,” according to a department news release.

In the letter, the coalition argues that the bill moves privacy rights in the wrong direction, leaving consumers worse off and with fewer protections. “Any federal privacy framework must leave room for states to legislate responsively to changes in technology and data collection practices, as states are better equipped to address the unique needs of their residents and quickly adjust to the challenges presented by technological innovation,” according to the department

In sending the letter, the Hawaiʻi Office of Consumer Protection joins the attorneys general of California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, Oregon, Vermont, Virginia and Washington, as well as the California Privacy Protection Agency.