TL;DR: Hawaii's Senate Bill 1163 passed the Senate 25-0 on March 10, 2026 and is now in House committees. The bill takes direct aim at the ad-tech surveillance machine by banning the sale of three types of data without explicit consent: your precise location, your browser history, and anything recorded by apps that keep your microphone running in the background. Eight Democratic senators sponsored the bill, citing concerns about reproductive health privacy and the "incredibly scary" practice of selling location data that can reveal visits to clinics, churches, and domestic violence shelters. The bill is now in the House Consumer Protection and Judiciary committees. If it becomes law, Hawaii would have some of the strictest data sale restrictions in the country.
Three Types of Data Hawaii Wants Off the Market
SB 1163 doesn't mess around with vague definitions. It specifically bans selling three categories of data without your consent:[1]
1. Geolocation Information
Data from your phone that pinpoints where you are. Not "somewhere in Honolulu." Precise coordinates that show you walked into a specific building at a specific time. Data brokers currently sell this information to advertisers, hedge funds, bounty hunters, and anyone else willing to pay.
2. Internet Browser Information
Your browsing history, app usage, and device identifiers. Every site you visit, every app you open, how long you stayed. This gets packaged and sold to build advertising profiles that follow you across the internet.
3. Background Microphone Data
This is the big one. SB 1163 specifically targets apps that use your phone's microphone while running in the background. Tech companies swear they're not listening to your conversations. Researchers keep finding evidence that suggests otherwise.[2] Hawaii decided not to wait for proof. They're banning the sale of any audio data collected this way.
Location Data Isn't Just About Ads
Senator Chris Lee, the bill's primary sponsor, called the sale of location data "incredibly scary."[3] He's not wrong.
Your phone's location data can reveal:
- Which medical facilities you visit, including abortion clinics, STD testing centers, psychiatric offices
- What religious institutions you attend (or don't)
- Domestic violence shelters you've stayed at
- Lawyers you've consulted
- Where you sleep at night (not always where you tell people)
Data brokers claim this information is "anonymized." It's not. Researchers have repeatedly demonstrated that "anonymous" location data can be re-identified to specific individuals with minimal effort.[4] Your home address and workplace are unique enough to identify you in any dataset.
After the Supreme Court's Dobbs decision, reproductive privacy concerns drove eight Democratic senators to sponsor this bill. But the protections apply to everyone, regardless of why you want to keep your movements private.
Ad-Tech Groups Aren't Happy
Five major advertising trade groups (including the Interactive Advertising Bureau and American Advertising Federation) signed a letter opposing Hawaii's privacy measures. Their argument: opt-in consent would "fundamentally change Hawaiians' ability to access products and services they enjoy and expect through the Internet."[5]
Translation: if you have to actually say "yes" before they sell your data, fewer people will say yes, and they'll make less money.
CTIA, the wireless industry trade association, also submitted testimony opposing the bill, arguing it "would ban routine uses of browser information without consent" and deviate from typical privacy legislation by providing "no exceptions."[6]
The bill does include exemptions for law enforcement investigations, customer proprietary network information held by telecom carriers, and certain telecommunication services. But the ad-tech industry apparently wanted more carve-outs.
Hawaii's Department of Commerce and Consumer Affairs disagreed with the industry position. The department head endorsed the bill, noting that expanding data protections would help shield residents from "increasingly sophisticated data breaches."[5]
Where the Bill Stands
| Date | Action |
|---|---|
| Jan 17, 2025 | Bill introduced by Senator Chris Lee and 8 co-sponsors |
| Jan 30, 2026 | Passed Labor & Business and Technology Committee (4-0) |
| Feb 6, 2026 | Passed Second Reading 25-0, amended (SD 1) |
| Feb 25, 2026 | Passed Commerce and Consumer Protection Committee (4-0) |
| Mar 10, 2026 | Passed Senate 25-0 (SD 2) |
| Mar 12, 2026 | Received in House, referred to CPC and JHA committees |
The bill needs to pass both House committees, then a House floor vote, before heading to the Governor. Hawaii's legislative session typically ends in May. Given the unanimous Senate support, House passage looks possible, but industry lobbying will intensify.
Hawaii's Privacy History
This isn't Hawaii's first attempt at location privacy. In 2022, then-Governor David Ige vetoed a similar geolocation privacy bill, citing concerns about its scope.[3] Senator Lee and other sponsors have spent years refining the language.
The bill's approach differs from most state privacy laws:
- California's CCPA: Gives you the right to opt out of data sales after the fact
- Virginia, Colorado, Connecticut: Follow the California model with variations
- Hawaii SB 1163: Requires opt-in consent before any sale of location, browser, or background audio data
That opt-in requirement is what makes ad-tech companies nervous. Most people don't read privacy policies. When you force a company to actually ask "can we sell your location data?" and make "no" the default, far fewer people say yes.
Don't Wait for the Law
SB 1163 won't take effect until 2027 at the earliest, and only if it passes the House and gets signed. Here's what you can do now:
Audit App Permissions
iPhone: Settings → Privacy & Security → Location Services. Review each app. Set most to "Never" or "While Using."
Android: Settings → Location → App location permissions. Same drill.
Kill Background Microphone Access
iPhone: Settings → Privacy & Security → Microphone. Disable for any app that doesn't need it.
Android: Settings → Apps → [App name] → Permissions → Microphone → Don't allow.
Use a Privacy Browser
Firefox Focus, Brave, or DuckDuckGo browser. They block trackers by default and don't sell your browsing history.
Opt Out of Data Broker Lists
Services like DeleteMe, Incogni, or Privacy Duck can submit opt-out requests to hundreds of data brokers on your behalf.
The State Privacy Patchwork Continues
Hawaii's bill joins a growing list of state-level privacy actions this month:
- Kentucky HB 692: Passed House 92-0, requires consent for smart TV surveillance data (ACR)
- Alabama: Amended its privacy bill to remove opt-out signal recognition
- Texas: Ongoing lawsuits against smart TV manufacturers over ACR data
Without federal privacy legislation, states are writing their own rules. That creates compliance headaches for tech companies, and potentially better protections for residents of states willing to act.
Hawaii's bill is one of the most aggressive. If it becomes law, companies will have to choose: stop selling Hawaiian residents' location data, or implement consent mechanisms they might have to roll out nationwide.
References
- FastDemocracy: Hawaii SB 1163 Bill Tracking (2026)
- ComplianceHub: Privacy Bill Sprint: Alabama, Kentucky, Hawaii (March 2026)
- StateScoop: Hawaii Governor Vetoes Location-Data Privacy Bill (2022)
- The Markup: There's a Multibillion-Dollar Market for Your Phone's Location Data
- StateScoop: Advertisers Don't Like Hawaii's Sweeping New Privacy Bill
- BillTrack50: HI SB1163 Bill Details
Published: March 22, 2026