S Memo 14-4

Posted on Sep 5, 2013 in Informal Opinions - Sunshine Law

S Memo 14-4
September 3, 2013
Whether the Information Privacy and Security Council
Is a Board Subject to Sunshine Law

Requester asked whether the Information Privacy and Security Council (Council) is a board subject to the Sunshine Law.

The Council was created within the Department of Accounting and General Services (DAGS) by section 487N-5, HRS, in 2008, for the purpose of creating and administering guidelines for government agencies to deal with the unintended disclosure of personal information. 

The Sunshine Law applies to “boards,” as defined in section 92-2, HRS.  The question presented to OIP is whether the Council falls within the definition of the term “board” for purposes of the Sunshine Law.  The Sunshine Law defines a “board” as:

any agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order, to have supervision, control, jurisdiction or advisory power over specific matters and which is required to conduct meetings and to take official actions.

The Council meets all elements of the Sunshine Law’s definition of a “board,” so it is a “board” subject to the Sunshine Law.