WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
SECTION 1. The legislature finds that the increasing cost of groceries and basic necessities is placing a strain on Hawaii's residents... Accordingly, the purpose of this Act is to prohibit retailers from using surveillance pricingSurveillance pricing"Surveillance pricing" means the practice of offering or setting a customized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on personally identifiable information collected through electronic surveillance technology.HRS § 480-___(e) in the sale of food that is sold, or qualifies to be sold, as part of the supplemental nutrition assistance program or special supplemental foods program for women, infants, and children.
Section 1 contains the legislature's findings on the cost of food in Hawaii, food insecurity rates, and concerns about surveillance pricing as a form of dynamic pricing that uses consumer personal data and behavior to determine willingness to pay. The section states the Act's purpose: to prohibit retailers from using surveillance pricing in the sale of food sold or qualifying to be sold under SNAP or WIC.
This section creates no compliance obligations.
(a) 1 No retailer shall use surveillance pricingSurveillance pricing"Surveillance pricing" means the practice of offering or setting a customized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on personally identifiable information collected through electronic surveillance technology.HRS § 480-___(e) in the sale of food that is sold, or qualifies to be sold, as part of the federal supplemental nutrition assistance program or special supplemental nutrition program for women, infants, and children.
(b)–(c) Any retailer that violates this section shall be subject to a civil fine of not more than $5,000 per item per day. Each day of a continued violation of this section shall constitute a distinct and separate offense. The attorney general may bring an action to collect the fine. (c) Any retailer that violates this section shall be subject to a civil fine of no more than $5,000 per item per day. Each day of a continued violation of this section shall constitute a distinct and separate offense. The attorney general or director of the office of consumer protection may bring an action to collect the fine.
(d) This section shall not apply to: (1) Discounts that are readily available to the public, posted in an easily accessible area of a company's website or mobile application, and may be obtained by any customer; (2) Common group discountsCommon group discounts"Common group discounts" means discounts that are offered or provided to a cognizable group, such as teachers, students, senior citizens, or veterans and: (1) The eligibility, type, quantity, or any other term of the discount is readily available to the public and posted in an easily accessible area of a company's website or mobile application; and (2) Any consumer can obtain the discount if the consumer demonstrates they are part of the cognizable group.HRS § 480-___(e); and (3) Loyalty programsLoyalty program"Loyalty program" means a program where discounted prices, including lower prices or other rewards, are offered to members of the program to encourage repeat purchases and patronage and: (1) The terms of the loyalty program, including any discounted prices and conditions for loyalty rewards, are readily available to the public and posted in an easily accessible area of a company's website or mobile application; and (2) The terms of the loyalty program are applied consistently to all consumers in the program and are not individualized for consumers.HRS § 480-___(e).
(e) As used in this section: "Common group discountsCommon group discounts"Common group discounts" means discounts that are offered or provided to a cognizable group, such as teachers, students, senior citizens, or veterans and: (1) The eligibility, type, quantity, or any other term of the discount is readily available to the public and posted in an easily accessible area of a company's website or mobile application; and (2) Any consumer can obtain the discount if the consumer demonstrates they are part of the cognizable group.HRS § 480-___(e)" means... "Electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means the use of technological methods, systems, or tools, including but not limited to sensors, cameras, device tracking biometric monitoring, or other forms of observation or data collection, that are capable of gathering personally identifiable information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments.HRS § 480-___(e)" means... "Loyalty programLoyalty program"Loyalty program" means a program where discounted prices, including lower prices or other rewards, are offered to members of the program to encourage repeat purchases and patronage and: (1) The terms of the loyalty program, including any discounted prices and conditions for loyalty rewards, are readily available to the public and posted in an easily accessible area of a company's website or mobile application; and (2) The terms of the loyalty program are applied consistently to all consumers in the program and are not individualized for consumers.HRS § 480-___(e)" means... "Personally identifiable informationPersonally identifiable information"Personally identifiable information" means: (1) Any of the following: (A) An individual's social security number, either in its entirety or the last four or more digits; (B) Driver's license number, federal or state identification card number, or passport number; (C) A federal individual taxpayer identification number; (D) A military identification number; (E) An individual's financial account number, or credit or debit card number, unless redacted; (F) A security code, access code, personal identification number, or password that would allow access to an individual's account; (G) Unique biometric data generated from a measurement or analysis of human body characteristics used for authentication purposes, including a fingerprint, voice print, retina or iris image, or other unique physical or digital representation of biometric data; (H) A private key that is unique to an individual and is used to authenticate or sign an electronic record; or (I) Health insurance policy number, subscriber identification number, medical identification number, or any other unique number used by a health insurer to identify a person; and (2) In combination with any one or more of the following when the information in paragraph (1) is not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable: (A) An individual's first initial or first name, and last name; (B) A user name or electronic mail address, in combination with a password or security question and answer that would permit access to an online account; (C) A name used by an individual, including the combination of the first name, any initials in the name, whether at the beginning or middle of the name, or a nickname combined with the last name; (D) A user name for an online account; (E) A mobile or home phone number; or (F) An electronic mail address specific to the individual.HRS § 480-___(e)" means... "Surveillance pricingSurveillance pricing"Surveillance pricing" means the practice of offering or setting a customized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on personally identifiable information collected through electronic surveillance technology.HRS § 480-___(e)" means the practice of offering or setting a customized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on personally identifiable informationPersonally identifiable information"Personally identifiable information" means: (1) Any of the following: (A) An individual's social security number, either in its entirety or the last four or more digits; (B) Driver's license number, federal or state identification card number, or passport number; (C) A federal individual taxpayer identification number; (D) A military identification number; (E) An individual's financial account number, or credit or debit card number, unless redacted; (F) A security code, access code, personal identification number, or password that would allow access to an individual's account; (G) Unique biometric data generated from a measurement or analysis of human body characteristics used for authentication purposes, including a fingerprint, voice print, retina or iris image, or other unique physical or digital representation of biometric data; (H) A private key that is unique to an individual and is used to authenticate or sign an electronic record; or (I) Health insurance policy number, subscriber identification number, medical identification number, or any other unique number used by a health insurer to identify a person; and (2) In combination with any one or more of the following when the information in paragraph (1) is not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable: (A) An individual's first initial or first name, and last name; (B) A user name or electronic mail address, in combination with a password or security question and answer that would permit access to an online account; (C) A name used by an individual, including the combination of the first name, any initials in the name, whether at the beginning or middle of the name, or a nickname combined with the last name; (D) A user name for an online account; (E) A mobile or home phone number; or (F) An electronic mail address specific to the individual.HRS § 480-___(e) collected through electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means the use of technological methods, systems, or tools, including but not limited to sensors, cameras, device tracking biometric monitoring, or other forms of observation or data collection, that are capable of gathering personally identifiable information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments.HRS § 480-___(e).
This section adds a new section to Chapter 480 (Hawaii's unfair and deceptive trade practices chapter) prohibiting retailers from using surveillance pricing in the sale of food sold or qualifying to be sold under SNAP or WIC. Surveillance pricing is defined as offering or setting a customized price for a specific consumer or group of consumers based on personally identifiable information collected through electronic surveillance technology.
Violations are subject to civil fines of up to $5,000 per item per day, with each day constituting a separate offense. Subsections (b) and (c) duplicate the fine language — (b) names only the Attorney General as the enforcement authority while (c) adds the Director of the Office of Consumer Protection. This appears to be a drafting artifact.
Carve-outs preserve publicly-posted discounts, common group discounts (teachers, students, seniors, veterans), and loyalty programs that are applied uniformly to all members.