STAND. COM. REP. NO. 577-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 1904

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Lower & Higher Education, to which was referred H.B. No. 1904, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM EMPLOYEE AND STUDENT ONLINE PRIVACY PROTECTION ACT,"

begs leave to report as follows:

The purpose of this measure is to establish The Uniform Employee and Student Online Privacy Protection Act to protect the online accounts of employees, prospective employees, unpaid interns, applicants, students, and prospective students, from employers and educational institutions.

Your Committee received testimony in support of this measure from the Department of Education, Hawaii Civil Rights Commission, LGBT Caucus of the Democratic Party of Hawaii, Pride at Work – Hawaii, and the Hawaii Commission to Promote Uniform Legislation. Your Committee received testimony in opposition of this measure from the State Privacy and Security Coalition. Your Committee received comments on this measure from the American Civil Liberties Union of Hawaii.

Your Committee finds that growing reports of employers and educational institutions requiring or demanding access to the personal online accounts of employees, job applicants, and students raises significant privacy concerns. These concerns have resulted in legislative efforts in other jurisdictions to protect employees and students against unwarranted invasions of privacy and from workplace access to their social media accounts. This measure seeks to prevent employers and public and private educational institutions from demanding access to the online accounts of employees and students.

Should your Committee on Judiciary decide to hear this measure, your Committee respectfully requests that it consider the amendments provided by the American Civil Liberties Union (ACLU) of Hawaii in its testimony, as the ACLU believes this measure does not adequately protect students and employees and does not address online privacy for tenants.

As affirmed by the record of votes of the members of your Committee on Lower & Higher Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1904, H.D. 1, and recommends that it be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Lower & Higher Education,

____________________________

JUSTIN H. WOODSON, Chair