Bill > HB2040

This bill aims to protect minors online by establishing new requirements for "covered operators," which are entities that operate "addictive social media platforms" – platforms that use automated systems to recommend or prioritize content based on user data and engagement. Specifically, it makes it unlawful for these operators to provide an "addictive feed" (a feed with automatically prioritized content) to a "covered user" (a user known to be a minor or using a service primarily directed at minors) unless they have used reasonable methods to verify the user is not a minor or have obtained verifiable parental consent. The bill also prohibits sending notifications about addictive feeds to minors between 12 AM and 6 AM Hawaii Standard Time without verifiable parental consent. Furthermore, it introduces significant privacy protections for minors, stating that operators cannot process or sell the "personal data" (information that can identify a person or device) of a "covered user" unless it's strictly necessary for specific purposes like maintaining a requested service or internal operations, or if informed consent has been obtained. This consent process must be clear, conspicuous, and offer refusal as the most prominent option, and consent can be revoked. The bill also mandates that operators delete personal data of covered users within 30 days if it's not permitted under these new rules, and requires them to notify third parties if they've shared a minor's data. The Attorney General is empowered to create regulations to enforce these provisions and can bring legal action for violations, including seeking civil penalties of up to $5,000 per violation.

Housing and Urban Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=2040&year=2026