03-04Posted on Apr 8, 2003 in Formal Opinions
Opinion Letter No. 03-04
April 8, 2003
‘Olelo Board Member’s Resume
[OIP Op. Ltr. No. 05-03 partially overrules this opinion to the extent that it states or implies that the UIPA’s privacy exception in section 92F-13(1), HRS, either prohibits public disclosure or mandates confidentiality.]
The resumé of a member of the board of ‘Olelo: The Corporation For Community Television (“’Olelo”) maintained by the Department of Commerce and Consumer Affairs Cable Television Division (“DCCA”) may be disclosed publicly under the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (“UIPA”) after segregation of certain information.
‘Olelo is not an “agency” under the UIPA other than for the purpose of responding to record inquiries under the UIPA. Therefore, information about ‘Olelo employees and officers is not subject to mandatory disclosure under section 92F-12(a)(14), Hawaii Revised Statutes. Thus, the privacy interest of the board member must be balanced against the public interest in disclosure under section 92F-14(a), Hawaii Revised Statutes.
Disclosure of certain information contained in an ‘Olelo board member’s resumé would shed light on the workings of government, as the DCCA’s director appoints a majority of ‘Olelo’s board members, and the DCCA exerts both direct and indirect control of ‘Olelo. Therefore, the public interest in ‘Olelo’s directors and the criteria used in the DCCA’s appointment of ‘Olelo’s directors is high.
However, the public interest in disclosure is not greater than the board member’s personal privacy interest in information unrelated to qualifications to sit on the board because disclosure does not shed light on the workings of government. Thus, the DCCA may redact home contact information and other information that does not directly relate to suitability for appointment on ‘Olelo’s board, as disclosure would be a clearly unwarranted invasion of personal privacy.