700 Bishop Street, Suite 1701 Honolulu, HI 96813 Office: (808) 531-4000 Fax: (808) 380-3580 info@civilbeatlawcenter.org Information Technology Steering Committee Todd Nacapuy, Chair RE: Discussion on Availability of State of Hawai`i Online Data May 3, 2018 at 10:00 a.m. Dear Chair and Members of the Committee: My name is Brian Black. I am the Executive Director of the Civil Beat Law Center for the Public Interest, a nonprofit organization whose primary mission concerns solutions that promote governmental transparency. Thank you for the opportunity to submit testimony regarding State of Hawai`i online data. As this Committee is aware, Hawai`i law requires State agencies to make “reasonable efforts” to make electronic data sets publicly available through the State’s open data portal. HRS § 27-44. And the Legislature has asked this Committee to propose data goals and objectives as part of a State strategic plan. HCR 94. The Law Center encourages the Committee to carefully scrutinize the State’s approach to open data. As the State goes through various modernization efforts and agencies track more information electronically, open data must be an integral planning component, not an afterthought. Without affirmative guidance, agencies will not devote adequate attention to public access and open data principles. In that regard, the Law Center would like to highlight a handful of open data guidelines and advocate for better access to several known datasets. A few basic principles that would help the public:1 • Centralized access to data. Providing a central site for electronic data allows the public to find information efficiently. Illustrating the problems with decentralized data, the open data portal, DOTAX, and DBEDT, for example, all maintain separate datasets for, among other things, General Excise and Use Tax Collections. Each separate dataset has a different scope and uses different data formats. A member of the public may find one dataset and believe it the official record of available State data when another dataset has more comprehensive or better accessible information. The Committee also might consider the Sunlight Foundation’s Open Data Policy Guidelines. https://sunlightfoundation.com/opendataguidelines/. 1 Information Technology Steering Committee May 3, 2018 Page 2 • Machine readable open data standard format. Information should be readily accessible to any user (with API protocols whenever possible). As an example, rather than releasing information in an open data standard format, DOTAX posts tax collection data in less accessible formats either as a PDF report or as an Excel spreadsheet within a ZIP file. As another example, DOH posts restaurant inspection data on a website, but does not permit bulk download of the data or provide API protocols, limiting users to access through DOH’s search function. • Timely and complete data. Data should be updated consistently and as soon as possible—on a real-time basis whenever possible. As an example of existing issues, the tax collection data on the open data portal was last updated as of September 2015 and only has data since 1999. In contrast, DOTAX currently has monthly data from July 1997 to January 2018. The most complete and updated information is published by DBEDT with monthly data from January 1980 to February 2018. • Educate the public about collected data. The community cannot provide agencies with feedback on which datasets to prioritize for access when the public has no idea what information agencies are collecting. Many datasets posted on the open data portal are irrelevant to users. But agencies may be collecting data internally that would have high public interest if published. Agencies should keep the public informed about what information it tracks electronically. Concerning access to existing datasets, the Law Center recently asked various open data stakeholders which datasets needed better public access. Consistent with the last principle above regarding educating the public, this list is limited in scope to only those datasets already known to exist. With more information about agency data collection practices, other priorities among datasets might emerge. 1. Financial data (budget, revenue, expenditures, payroll, pension). 1.1. Existing access. Several years ago, the State established sites to track certain financial data (openbudget.hawaii.gov and openexpenditures.hawaii.gov). While a solid initial step, those sites had various deficiencies from the outset: the sites did not track revenue, payroll, or pension data; budget and expenditure data were not linked to allow the public to follow the subsequent expenditure of budgeted funds; and the expenditure data was incomprehensible because it used program codes, rather than plain language descriptions. Over time, it appears that the State stopped maintaining the sites because no data has been uploaded since FY 2016 and the checkbook level functionality for expenditures returns server errors. 1.2. Public benefit. The public deserves as much access as possible to information concerning how the government is spending taxpayer monies. Financial transparency is critical to public accountability. The State previously recognized Information Technology Steering Committee May 3, 2018 Page 3 the importance of spending transparency as an objective to be measured according to points assigned in the national survey by the U.S. Public Interest Research Group. https://dashboard.hawaii.gov/en/stat/goals/ygf48dm6/7v7d-uchh/2xxp-w56t. U.S. PIRG graded Hawai`i as a C in 2016 and last week graded the State as an F. Other groups have stepped into the gap left by the State’s failure to provide access to payroll and pension data. Honolulu Civil Beat, Database of Public Employee Salaries for Fiscal Year 2018, http://www.civilbeat.org/2017/08/database-of-public-employee-salaries-forfiscal-year-2018/; Grassroot Institute of Hawaii, http://www.openhawaii.org. 1.3. Improvements. Connecticut has a good model of open data for financial information using the same Socrata platform as the State’s existing websites. http://www.osc.ct.gov/openCT.html. 2. Tax data (collections, credits, exemptions, tax base). 2.1. Existing access. As noted above, some tax data may be found in various locations in different formats and with different degrees of recency. 2.2. Public benefit. Similar to financial data generally, tax data bears directly on government collection and use of taxpayer monies. The public deserves as much access as possible without compromising the confidentiality of individual taxpayers. Some of this information contributes to the U.S. PIRG grading methodology. 2.3. Improvements. The State should have a single definitive source for all tax data provided in a format that maximizes user access. For example, there is no obvious reason why all of the data maintained by DBEDT and DOTAX is not uploaded to the open data portal. Also, consideration should be given to whether more refined datasets (more fields or different statistics) may be possible without identifying individual taxpayers. 3. Procurement data (solicitations, awards, contracts, amendments). 3.1. Existing access. The State Procurement Office maintains two data systems— Hawaii Awards and Notices Database System (HANDS) and State of Hawaii eProcurement (HIePRO). The level of detail recorded is not consistent between the two systems. 3.2. Public benefit. Again, the public deserves access to information regarding how the government uses taxpayer monies. The more information immediately accessible minimizes the potential for public confusion when issues arise concerning government contracts. Oddly, information appears to be more readily accessible for small purchases than for multi-million dollar contracts. 3.3. Improvements. The State should have a consistent level of access to procurement information in HANDS and HIePRO. For example, ready access to copies of solicitations, contracts, amendments, and change orders would greatly minimize requests for such information across all State agencies. Information about subcontractors also would further public understanding of the procurement Information Technology Steering Committee May 3, 2018 Page 4 process. Maintaining the information in a standard format might permit the procurement system to link with State expenditure data to show, for example, in the procurement data when monies are paid to a contractor and provide links in the expenditure data to the specific procurement details. 4. DOH data (enforcements, inspections). 4.1. Existing access. DOH has numerous datasets spread across various branches. The level of detail varies among the datasets, and some data is more readily accessible than others. 4.2. Public benefit. DOH data typically concerns public health and safety. From environmental enforcement actions to care facility inspections, the data allows the public to make more informed decisions. 4.3. Improvements. Centralized access to standard format data would greatly improve public access. Solid & Hazardous Waste Branch receives thousands of public record requests every year for inspection information, but posts all of its responses on a password-protected website. The public and the branch would benefit from a policy to publicly post all inspection reports to minimize the requests made. Other branches appear to use electronic forms to record inspection information, but upload PDFs. Also, if inspection and enforcement information were maintained in an open data standard format, then linking the information to DCCA business registration and licensing information would further assist the public. 5. DCCA data (licensing, complaints, business registration). 5.1. Existing access. DCCA provides access to various information through limited search functionality. The department also charges fees for certain access to business registration data, including bulk download and some searches. 5.2. Public benefit. DCCA data allows the public to monitor and understand the State’s regulation of businesses. 5.3. Improvements. For data that DCCA is not monetizing (e.g., licensing and complaint data), public access should not be confined to limited search capabilities; data should be accessible in an open data standard format. For the business registration data, a common request is the ability to search by an officer or director’s name, which would significantly improve the public’s understanding of the relationship between business entities in the State. Consideration also should be given to whether the monetization of the business registration data provides adequate funding to justify the limitation on public access.2 DCCA is unusual among State agencies because its statutory authority permits the Department to charge commercial rates for access to business registration records. HRS § 26-9(l)(2). 2 Information Technology Steering Committee May 3, 2018 Page 5 6. DLNR Bureau of Conveyance data. 6.1. Existing access. The Bureau provides access to information specified in HRS § 502-26 as an index of recorded documents. It is unclear, but seems likely, that the Bureau electronically tracks additional information. 6.2. Public benefit. The public records law recognizes the strong public interest in “[l]and ownership, transfer, and lien records.” HRS § 92F-12(a)(5). 6.3. Improvements. The Bureau should provide access to land records in an open data standard format or otherwise improve the existing access by displaying all available fields of information and permitting greater search functionality. Thank you again for the opportunity to testify.