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Opinion Letter No. 03-04
April 8, 2003
'Olelo Board Member's Resume
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.
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