Technically Hawaii didn’t release any confidential information and they certainly didn’t release it when the factlack dot org photos were published. Those came out in August 2008. Chiyome Fukino’s first statement about having an original birth certificate on file didn’t come out until October. Her next statement, which came the closest to ‘releasing’ confidential information wasn’t until July 2009, but that information would easily fall under the information that is legally permissible for release by the director.
Nope. When Obama’s campaign website linked to an image of the COLB (fake or not) and then later allowed FactCheck to publish photographs of the COLB (fake or not,) Obama authorized the disclosure of his private information to the general public. At that point the information he released made that specific informaton on the COLB (not the details that might be on the long form) publicly available. In doing so, he legally released the HDoH from their responsibility to protect (and keep confidential) the data on his COLB.
Then, when the HDoH released a public statement declaring that Obama is a natural born citizen, they created a right of the public to examine (see) what evidence the HDoH used to determine that Obama is an NBC. By law, that action alone, gave the public the right to examine all of the data used by the state in making such a legal determination: e-mails, legal opinions, birth certificates, etc.. The UIPA demands the release of such information and OIP written legal opinions concur, yet HDoH continues to refuse.