Personalized advertising, AI-generated copy, deepfakes in marketing materials. Here is what Hawaii businesses need to know in 2026.
Hawaii does not yet have a specific law for this use case, but HB 1607 — AI Accountability. Proposed requirements for AI impact assessments in employment and public services.
State law does not replace federal law — you must comply with both. These federal rules apply to ai marketing nationwide:
Hawaii's HB 1607 — AI Accountability often includes size-based exemptions. Businesses with fewer than 25 employees may be exempt, but should verify thresholds. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Hawaii is January 1, 2027. The law is still developing — monitor for final rules.
Hawaii penalties for AI non-compliance: Civil penalties. While enforcement is still developing, companies found non-compliant face civil penalties and potential litigation.
Federal law does not currently preempt state AI laws. Hawaii's HB 1607 — AI Accountability applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For high-risk uses like ai marketing, consider hiring an independent third-party auditor to validate compliance.
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