Terms Used In Hawaii Revised Statutes > Chapter 487G - Uniform Employee and Student Online Privacy Protection Act

• Allegation: something that someone says happened.
• Ambient air: means the general outdoor atmosphere. See Hawaii Revised Statutes 342B-1
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Content: means information, other than login information, that is contained in a protected personal online account, accessible to the account holder, and not publicly available. See Hawaii Revised Statutes 487G-2
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of health. See Hawaii Revised Statutes 342B-1
• Director: means the director of health. See Hawaii Revised Statutes 342B-1
• Educational institution: includes :

  (1) A public or private institution; and

  (2) An agent or designee of the educational institution. See Hawaii Revised Statutes 487G-2

• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 487G-2
• Emission: means the act of releasing or discharging air pollutants into the ambient air from any source. See Hawaii Revised Statutes 342B-1
• Employee: includes :

  (1) A prospective employee who has:

  (A) Expressed to the employer an interest in being an employee; or

  (B) Applied for or is applying for employment by, or is being recruited for employment by, the employer; and

  (2) An independent contractor. See Hawaii Revised Statutes 487G-2

• Employer: includes an agent or designee of the employer. See Hawaii Revised Statutes 487G-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous air pollutant: means those hazardous air pollutants listed in section 112 (b) of the Clean Air Act, as amended, 42 United States Code § 7412(b), and any other hazardous air pollutant designated by rules. See Hawaii Revised Statutes 342B-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Login information: means a username and password, password, or other means or credentials of authentication required to access or control:

  (1) A protected personal online account; or

  (2) An electronic device, which the employee's employer or the student's educational institution has not supplied or paid for in full, that itself provides access to or control over the account. See Hawaii Revised Statutes 487G-2

• Login requirement: means a requirement that login information be provided before a protected personal online account or electronic device can be accessed or controlled. See Hawaii Revised Statutes 487G-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Online: means accessible by means of a computer network or the Internet. See Hawaii Revised Statutes 487G-2
• Party: means each person named as party or properly entitled to be a party in any court or agency proceeding. See Hawaii Revised Statutes 342B-1
• Permit: means written authorization from the director to construct, modify, relocate, or operate any regulated air pollutant source. See Hawaii Revised Statutes 342B-1
• Person: means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. See Hawaii Revised Statutes 487G-2
• Person: means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body. See Hawaii Revised Statutes 342B-1
• Protected personal online account: means any online account maintained by an employee or a student, including social media or electronic mail accounts, that is protected by a login requirement. See Hawaii Revised Statutes 487G-2
• Publicly available: means available to the general public. See Hawaii Revised Statutes 487G-2
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 487G-2
• Specifically identified content: means data or information stored in a protected personal online account that is identified with sufficient particularity to distinguish the discrete individual pieces of content being sought from a substantial percentage of other data or information stored in the account with which it may share similar characteristics. See Hawaii Revised Statutes 487G-2
• State: means a state of the United States, the District of Columbia, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 487G-2
• Statute: A law passed by a legislature.
• Student: includes :

  (1) A prospective student who expresses to the institution an interest in being admitted to, applies for admission to, or is being recruited for admission by, the educational institution; and

  (2) A parent or legal guardian of a student under the age of eighteen years. See Hawaii Revised Statutes 487G-2

• Summons: Another word for subpoena used by the criminal justice system.
• Variance: means special written authorization from the director to cause or emit any regulated air pollutant in a manner or in an amount in excess of applicable standards, or to do an act that deviates from the requirements of rules or standards adopted pursuant to this chapter. See Hawaii Revised Statutes 342B-1