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THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                     SENATE CONCURRENT
                        RESOLUTION
  REQUESTING A STUDY REGARDING THE ISSUE OF PERSONAL PRIVACY AND
    COMMERCIAL USE OF PERSONAL INFORMATION.



 1        WHEREAS, the multi-billion dollar commercial trade in
 2   personal information -- financial, job-related, medical, and
 3   lifestyle -- is one of the fastest growing industries in the
 4   world; and
 5   
 6        WHEREAS, in the United States, the person behind each
 7   piece of information has few, if any, rights to review the
 8   information for accuracy or to restrict its use; and
 9   
10        WHEREAS, Hawaii's constitutional right to privacy for its
11   citizens, contained in Article I, section 7 of the Hawaii
12   Constitution, requires the Legislature to take affirmative
13   steps to implement the right to privacy; and
14   
15        WHEREAS, the Legislature has considered addressing this
16   issue through a statutory scheme regulating the collection and
17   use of personal information; and
18   
19        WHEREAS, the measures proposed to address this issue have
20   raised concerns about the potential for an undue burden on
21   private business, the lack of specific provisions regulating
22   when consumer consent to the use of information is required and
23   what form that consent must take, and about the potential
24   application of vague or ambiguous language; and
25   
26        WHEREAS, the important issue of privacy of personal
27   information calls for legislative action, but that action must
28   be based on a systemic evaluation of the appropriate nature,
29   scope, and application of laws safeguarding personal privacy,
30   to balance the interests of and be fair to all affected
31   parties; now, therefore,
32   
33        BE IT RESOLVED by the Senate of the Twentieth Legislature
34   of the State of Hawaii, Regular Session of 1999, the House of
35   Representatives concurring, that the Office of Information
36   Practices is requested to conduct a study of the issue of
37   personal privacy and commercial use of personal information,

 
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 1   and to identify and make recommendations regarding a systematic
 2   legislative scheme to protect personal privacy and regulate
 3   commercial use of personal information without unduly burdening
 4   private business or negatively impacting free speech rights;
 5   and
 6   
 7        BE IT FURTHER RESOLVED that participants in the study
 8   include representatives of the Department of Commerce and
 9   Consumer Affairs and the Department of Business, Economic
10   Development, and Tourism, representatives of Hawaii's business
11   community, including banks, retailers, marketing or advertising
12   firms, media, records managers, and computer professionals,
13   representatives of the legal community, representatives of non-
14   governmental organizations, such as the American Civil
15   Liberties Union of Hawaii, the American Association of Retired
16   Persons, Associated Credit Bureaus, Inc., the Electronic
17   Privacy Information Center, Hawaii Insurers Council, Privacy
18   International, the United States Privacy Council, or the Retail
19   Merchants of Hawaii, and representatives of the community at
20   large; and
21   
22        BE IT FURTHER RESOLVED that the Office of Information
23   Practices is requested to submit a report of its findings and
24   recommendations to the Legislature on the issue of personal
25   privacy and commercial use of personal information, including
26   any proposed legislation to address such issues, no later than
27   twenty days prior to the convening of the 2000 regular session;
28   and
29   
30        BE IT FURTHER RESOLVED that certified copies of this
31   Concurrent Resolution be transmitted to the Office of
32   Information Practices, the Department of Commerce and Consumer
33   Affairs, the Department of Business, Economic Development, and
34   Tourism, the Chamber of Commerce of Hawaii, the Hawaii Bankers
35   Association, the Retail Merchants of Hawaii, the Honolulu and
36   Big Island Chapters of the American Marketing Association, the
37   Hawaii Chapter of the Society of Professional Journalists, the
38   Honolulu Media Council, the Hawaii Chapter of the American
39   Records Management Association, the western Chapter of Computer
40   Professionals for Social Responsibility, the Honolulu Chapter
41   of the Association of Information Technology Professionals, the
42   Hawaii State Bar Association, the American Civil Liberties

 
 
 
 
 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1   Union of Hawaii, the American Association of Retired Persons,
 2   the Electronic Privacy Information Center, Hawaii Insurers
 3   Council, Associated Credit Bureaus, Inc., Privacy
 4   International, and the United States Privacy Council.