338-18(a) restricts the release of confidential information EXCEPT as authorized by under the rest of 338-18.
We know that under part (d):
“Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.”
And a previous version of the law said, “Index data consisting of name, age, and sex of the registrant and date, type and file number of the vital event and such other data as the director may authorize may be made available to the public.”
In both versions of the law, the director has discretionary authority to make other data available from a vital record. There’s no explicit restriction of any particular data the director can release, so to say that any information is ‘confidential’ would be technically incorrect because the director has the authority to disclose it and/or authorize the disclosure of additional information.
But do you think that allows different index data to be discloseable for different people - like for one person Fukino can say she’ll release name and gender, and for another person she’ll release name, gender, and number of diaper changes in the first hour? Just kidding. I guess there’s not much in the way of index data that could be embarrassing - although Obama seems to think there would be some great secret on his COLB that would make him so embarrassed he’d just wanna throw up or DIE. lol.
I guess I’m just thinking that if Fukino can change her definition of “index data” with each individual, it sort of negates 338-18a because everything on the certificate itself could be called “index data” so there’s nothing that 338-18a would still apply to.
Know what I mean? I guess I’m not seeing the point of HRS 338-18a if Fukino can do what she wants to do anyway just because she’s the Director.