§27-44 Chief data officer; electronic data set availability; updates. (a) There is established within the office of enterprise technology services a full-time chief data officer to develop, implement, and manage statewide data policies, procedures, and standards pursuant to section 27-44.3 and to facilitate data sharing across state agencies. The chief data officer shall use the state information assets and analytics to research and recommend processes and tools to improve inter-departmental and intra-departmental decision making and reporting. The chief data officer shall be appointed by and report directly to the chief information officer. Each executive branch department, including the department of education and University of Hawaii, shall use reasonable efforts to make appropriate and existing data sets maintained by the department electronically available to the public through the State's open data portal at data.hawaii.gov or successor website designated by the chief data officer; provided that:
(1) Nothing in this chapter shall require departments to create new electronic data sets or to make data sets available upon demand;
(2) Data licensed to the State by another person or entity shall not be made public under this chapter unless the person or entity licensing the data agrees to the public disclosure; and
(3) Proprietary and other information protected from disclosure by law or contract shall not be disclosed.
This disclosure shall be consistent with the policies, procedures, and standards developed by the chief data officer and consistent with applicable law, including chapter 92F and other state and federal laws related to security and privacy, and no personally identifiable information shall be posted online unless the identified individual has consented to the posting or the posting is necessary to fulfill the lawful purposes or duties of the department.
(b) Nothing in this chapter shall require the chief information officer or the chief data officer to adopt rules pursuant to chapter 91 and nothing in this chapter shall supersede chapter 27G.
(c) Each department shall update its electronic data sets in the manner prescribed by the chief data officer and as often as is necessary to preserve the integrity and usefulness of the data sets to the extent that the department regularly maintains or updates the data sets.
(d) There is established a data task force to assist the chief data officer in developing the State's data policies, procedures, and standards. The task force shall comprise the following members:
(1) One representative of the judiciary, to be appointed by the chief justice of the supreme court;
(2) The superintendent of education, or the superintendent's designee;
(3) The director of human services, or the director's designee;
(4) The director of health, or the director's designee;
(5) The director of business, economic development, and tourism, or the director's designee;
(6) The president of the University of Hawaii, or the president's designee;
(7) Two members of the public to represent nonprofit organization stakeholders having experience in data, of which one member shall be chosen and invited to participate by the speaker of the house of representatives and one member shall be chosen and invited to participate by the president of the senate; and
(8) Two members of the public to represent for-profit business stakeholders having experience in data, of which one member shall be chosen and invited to participate by the speaker of the house of representatives and one member shall be chosen and invited to participate by the president of the senate.
The chief data officer shall serve as the chair of the task force and shall ensure that the task force is evaluated periodically. [L 2013, c 263, pt of §2; am L 2022, c 167, §2]