In one paragraph
Hawaii's SB 2036 (2026) would have added a new section to HRS chapter 481B prohibiting any person from engaging in 'surveillance pricing': offering or setting a customized price for a specific consumer or group based wholly or partly on information collected through electronic surveillance technology such as sensors, cameras, device tracking and biometric monitoring. A violation would be an unfair or deceptive practice under HRS 480-2. The Senate committee on LBT deferred it on February 11, 2026; it died.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. It would have barred businesses from personalized pricing built on surveillance data.
Key provisions
- Would prohibit any person from engaging in surveillance pricing: a customized price for a specific consumer or group based wholly or partly on information collected through electronic surveillance technology
- Electronic surveillance technology would include sensors, cameras, device tracking and biometric monitoring
- Exceptions if the person can show: cost-based differences only; discounts under publicly disclosed eligibility criteria; discounts to broad groups (military, kamaaina, teachers, veterans, seniors, students); loyalty-program discounts the consumer knowingly joined; insurers under HRS chapter 431; refusals based on a consumer report under the federal Fair Credit Reporting Act
- Data collected for the discount, cost-based pricing or loyalty exceptions could be used only for that purpose, not profiling, targeted advertising or individualized price setting
- A violation would be an unfair and deceptive practice under HRS 480-2; no separate fines are set
- Would have taken effect upon approval; died after LBT deferred it February 11, 2026
Latest legislative action
Feb 11, 2026. The committee on LBT deferred the measure.
Sponsors (showing 5 of 7)
| Name | Role | District |
|---|---|---|
| Carol Fukunaga D | Sponsor | SD-011 |
| Dru Kanuha D | Sponsor | SD-003 |
| Jarrett Keohokalole D | Sponsor | SD-024 |
| Joy San Buenaventura D | Sponsor | SD-002 |
| Michelle Kidani D | Sponsor | SD-018 |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error