An ordinance relating to the furnishing of electronic data processing information and services.
(Ord. No. 340, January 13, 1978; Sec. 4-3.1, 1978 Cumulative Supplement)
When used in this Article the following words or phrases shall have the meaning given in this Section unless it shall be apparent from the context that a different meaning is intended:
"Bona fide candidate"
means an individual, organization, or association who:
(1) 
Makes or incurs any expenditures or received contributions that total more than $100 with the view toward bringing about the nomination or election of an individual or support or defeat of a ballot issue;
(2) 
Files nomination papers for public elected office in the State.
(3) 
If a political candidate or issue is defeated in the primary election, he or she shall cease to be a bona fide candidate.
"Electronic public data"
means information stored at the County computer center and which may be released where provided by law.
"Political party"
means any party qualified under Chapter 11, Part V. Parties, H.R.S. as amended or any party which shall hereafter form a political party in the manner provided for in Chapter 11, Part V. Parties, H.R.S. as amended.
"Service bureau"
means a firm registered to do business in the State and whose principal business is furnishing data processing services or the City and County of Honolulu, Department of Data Systems.
(Ord. No. 340, January 13, 1978; Sec. 4-3.2, 1978 Cumulative Supplement)
The following policy shall govern the availability of electronic public data:
(a) 
Public data may be obtained by governmental agencies and the general public in the form of duplicate tapes.
(b) 
The following conditions shall apply to the release, sale, or rent of public data:
(1) 
The applicant must obtain written permission from the head of the agency which controls the data, which permission shall be withheld in circumstances where release of the data would result in the invasion of the right of privacy of individuals.
(2) 
The agency which controls the data may place restrictions on the use of that data in any circumstances where it deems such restrictions are necessary to protect the right of privacy of individuals.
(3) 
All Federal, State and County statutes and rules and regulations regarding accessibility, privacy and security shall apply.
(4) 
The head of the agency which controls the data may decline the request if special programming or operating procedures must be developed to meet the needs of the applicant.
(5) 
The responsible officer of the agency shall review the request with the service bureau.
(6) 
The request shall be processed by the service bureau on a "not to interfere" basis with respect to other jobs being processed for governmental agencies.
(7) 
In the case of duplicate tape reel rented by the County the applicant shall agree in writing to return the tape no later than the date specified by the County. The responsible officer of the agency will require a deposit equivalent to any cost incurred by contract or otherwise for loss, damage, replacement or the like, and further provided that the consent of the service bureau is obtained.
(8) 
The applicant shall pay for all costs incurred in obtaining electronic public data. Said costs may include the expenses incurred by the service bureau, the cost of obtaining consents where required, the cost of mailing, etc.
(Ord. No. 340, January 13, 1978; Sec. 4-3.3, 1978 Cumulative Supplement; Ord. No. 529, December 9, 1987)
(a) 
Charges for producing a duplicate tape or for furnishing electronic data processing services to authorized agencies shall be computed on the basis of the cost of equipment time, labor, and materials used in connection with processing the requested time.
(b) 
Government agencies requiring electronic public data for public purposes may be exempt from all or a portion of the cost of the services so provided.
(Ord. No. 340, January 13, 1978; Sec. 4-3.4, 1978 Cumulative Supplement)
The provisions of this Article shall be administered by the Director of Finance and he or she shall be authorized to determine when government agencies may be exempt from payment of charges.
(Ord. No. 340, January 13, 1978; Sec. 4-3.5, 1978 Cumulative Supplement)
Any person convicted of violating any provision of this Article shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under this Article shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(Ord. No. 340, January 13, 1978; Sec. 4-3.6, 1978 Cumulative Supplement)