HRS CHAPTER 92F UNIFORM INFORMATION PRACTICES ACT

[Cosmo]

Part II.
Freedom of Information


§92F-12 Disclosure required.

(a) Any other provision in this chapter to the contrary notwithstanding,

each agency shall make available for public inspection and duplication

during regular business hours:

(2)

Final opinions, including

concurring and

dissenting opinions, as well as

orders made in the adjudication of cases,

except to the extent protected by section 92F-13(1);

...

(5)

Land ownership,

transfer, and

lien records, including

real property tax information and

leases of state land;

...


(13)

Rosters of persons holding licenses or

permits granted by an agency that may include

name,

business address,

type of license held, and

status of the license;


(14)

The name,

compensation (but only the salary range for employees covered by or included in chapter 76, and

sections 302A-602 to 302A-640, and

302A-701, or

bargaining unit (8)),

job title,

business address,

business telephone number,

job description,

education and training background,

previous work experience,

dates of first and last employment,

position number,

type of appointment,

service computation date,

occupational group or class code,

bargaining unit code,

employing agency name and code,

department,

division,

branch,

office,

section,

unit, and

island of employment,

of present or former officers or employees of the agency;

provided that this paragraph shall not require the creation of a roster of employees;

and provided further that

this paragraph shall not apply to information regarding present or former employees involved in an

undercover capacity in a law enforcement agency;


(15) Information collected and maintained

for the purpose of making information available to the general public; and


(16) Information contained in or compiled from a

transcript,

minutes,

report, or

summary

of a proceeding

open to the public.


(b) Any provision to the contrary notwithstanding, each agency shall also disclose:


(1)

Any government record,

if the requesting person

has the prior written consent

of all individuals to whom the record refers;


(2) Government records which,

pursuant to federal law or a

statute of this State,

are expressly authorized to be disclosed to the

person requesting access;


(3)
Government records

pursuant to a showing of compelling circumstances

affecting the health or safety of any individual;


(4)

Government records requested

pursuant to an

order of a court;

...

(6) Information from the

motor vehicle registration files,

provided that the person requesting such files

shall have a legitimate reason as determined by rules.



[L 1988, c 262, pt of §1; am L 1989, c 160, §3; am L 1991, c 167, §1; am L 1992, c 185, §1; am L 1996, c 89, §8; am L 2000, c 253, §150; am L 2004, c 92, §3; am L 2005, c 85, §1; am L 2007, c 14, §1]

Case Notes

In a suit deciding whether disclosure of county council executive session minutes was required, circuit court properly found that both chapter 92 and 92F applied; if the meeting met an exception to the open meeting requirements put forth in this chapter 92, such as an exception enumerated in §92-5, the council was not required to disclose the minutes of that meeting to the public; if the meeting did not fall under such an exception, the council was required to disclose the minutes pursuant to §92-9 and this section. 120 H. 34 (App.), 200 P.3d 403.

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Part II. Freedom of Information

§92F-13 Government records; exceptions to general rule.


This part shall not require disclosure of:

(1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;



(2) Government records pertaining to the prosecution or defense of any

judicial or

quasi-judicial action

to which the State or any county is or may be a party,

to the extent that such records would not be discoverable;


(3)


Government records that,


by their nature,

must be confidential

in order for the government to avoid

the frustration of

a legitimate government function;



(4) Government records which, pursuant to



state or



federal law including an



order of any state or



federal court,



are protected from disclosure; and


...


[L 1988, c 262, pt of §1; am L 1993, c 250, §1]

Cross References

Auditor's working papers, see §23-9.5.

Case Notes

Development proposals were government records that, by their nature, must be kept confidential in order to avoid frustration of a legitimate government function within meaning of paragraph (3). 74 H. 365, 846 P.2d 882.

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§92F-14 Significant privacy interest; examples.

(a) Disclosure of a government record shall not constitute a clearly unwarranted invasion of personal privacy if the public interest in disclosure outweighs the privacy interest of the individual.


(b) The following are examples of information in which the individual has a significant privacy interest:


(1) Information relating to



medical,



psychiatric, or



psychological history,



diagnosis,



condition,



treatment, or



evaluation, other than



directory information

while an individual is present at such facility;




(2) Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;


...


(4)



Information in an agency's



personnel file, or



applications,



nominations,



recommendations, or



proposals for public employment or



appointment to a governmental position,



except:


(A) Information disclosed under section 92F-12(a)(14); and


(B)



The following information related to employment misconduct



that results in an employee's



suspension or



discharge:




(i) The



name of the employee;




(ii) The



nature of the employment related misconduct;




(iii) The



agency's summary of the allegations of misconduct;




(iv)



Findings of fact and



conclusions of law; and




(v)



The disciplinary action taken by the agency;


when the following has occurred:



the highest non-judicial grievance adjustment procedure



timely invoked



by the employee



or the employee's representative



has concluded;



a written decision sustaining the suspension or
discharge has been issued after this procedure;



and thirty calendar days have elapsed following the issuance of the decision;



provided that



this subparagraph shall not apply to a

county police department officer



except in a case which results in the discharge of the officer;


(5) Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;


...


(7) Information compiled as part of an



inquiry into an individual's fitness to be granted or to



retain a license,



except:


(A) The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;


(B) Information on the current place of employment and required insurance coverages of licensees; and


(C) The record of complaints including all dispositions;


(8) Information comprising a personal recommendation or evaluation; and


(9) Social security numbers.



[L 1988, c 262, pt of §1; am L 1993, c 191, §1; am L 1995, c 242, §1; am L 2004, c 92, §4]

Attorney General Opinions

Board of education members may disclose reasons they voted as they did in executive session resulting in appointment of education superintendent; they cannot disclose information discussed in executive session if information is of the type listed in subsection (b) without first determining to what extent disclosure is in public interest. Att. Gen. Op. 94-1.

Law Journals and Reviews

Driving into the Sunset: A Proposal for Mandatory Reporting to the DMV by Physicians Treating Unsafe Elderly Drivers. 25 UH L. Rev. 59.

Case Notes

Information that must be disclosed pursuant to clause (b)(4)(B) regarding a public employee's employment-related misconduct and resulting discipline not "highly personal and intimate information" and thus not within scope of Hawaii's constitutional right to privacy. 83 H. 378, 927 P.2d 386.

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§92F-15 Judicial enforcement.

(a) A person aggrieved by a denial of access to a government record may bring an action against the agency at any time within two years after the agency denial to compel disclosure.




(b) In an action to compel disclosure the circuit court shall hear the matter de novo. Opinions and rulings of the office of information practices shall be admissible. The circuit court may examine the government record at issue, in camera, to assist in determining whether it, or any part of it, may be withheld.


(c) The agency has the burden of proof to establish justification for nondisclosure.


(d) If the complainant prevails in an action brought under this section, the court shall assess against the agency reasonable attorney's fees and all other expenses reasonably incurred in the litigation.




(e) The circuit court in the judicial circuit in which the request for the record is made, where the requested record is maintained, or where the agency's headquarters are located shall have jurisdiction over an action brought under this section.




(f) Except as to cases the circuit court considers of greater importance, proceedings before the court, as authorized by this section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way. [L 1988, c 262, pt of §1; am L 1989, c 192, §3]

Case Notes

"Denial of access" in subsection (a) synonymous with "withholding of access"; access is withheld by agency's non-response, claim that request is not specific enough, imposition of unauthorized or excessive fees as condition of access, or claim it does not have records sought. 83 H. 378, 927 P.2d 386.


Plaintiff was "person aggrieved" and had standing under this section where plaintiff requested access to government records and access to requested records was withheld. 83 H. 378, 927 P.2d 386.

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CHAPTER 92F

UNIFORM INFORMATION PRACTICES ACT (MODIFIED)

Part I. General Provisions and Definitions
Section

92F-1 Short title
92F-2 Purposes; rules of construction
92F-3 General definitions
92F-4 Funding, services, and other federal assistance


Part II. Freedom of Information

92F-11 Affirmative agency disclosure responsibilities
92F-12 Disclosure required
92F-13 Government records; exceptions to general rule
92F-14 Significant privacy interest; examples
92F-15 Judicial enforcement
92F-15.3 Notice to the office of information practices
92F-15.5 Alternative method to appeal a denial of access
92F-16 Immunity from liability
92F-17 Criminal penalties

92F-18 Agency implementation

92F-19 Limitations on disclosure of government
records to other agencies


Part III. Disclosure of Personal Records


92F-21 Individual's access to own personal record
92F-21.5 Repealed
92F-22 Exemptions and limitations on individual access
92F-23 Access to personal record; initial procedure
92F-24 Right to correct personal record; initial procedure
92F-25 Correction and amendment; review procedures
92F-26 Rules
92F-27 Civil actions and remedies
92F-27.5 Alternative method to appeal a denial of access
92F-28 Access to personal records by order in judicial
or administrative proceedings; access as
authorized or required by other law


Part IV. Office of Information Practices; Duties


92F-41 Office of information practices; established
92F-42 Powers and duties of the office of information
practices


Note

Advisory opinions and guidelines interpreting this chapter are contained in the Uniform Information Practices Act Reference Manual as published by the office of information practices.

Personal information protection requirements. L Sp 2008, c 10, §§7 to 15.

Cross References

Access Hawaii Committee (management of State's internet portal), see chapter 27G.

Access/legislative information service, see chapter 21D.

Destruction of personal information records, see chapter 487R.

Privacy of consumer financial information, see §§431:3A-101 to 504.
Information privacy and security council; personal information security, see §§487N-5 to 7.

Personal information policy and oversight responsibilities for government agencies, see §487J-5.

Retail merchant club card requirements, see chapter 487D.

Security breach of personal information, see chapter 487N.

Social security number protection, see chapter 487J.

Uniform electronic transactions act, see chapter 489E.

Case Notes

Chapter did not require defendant to disclose development proposals. 74 H. 365, 846 P.2d 882.

Chapter applies prospectively, requiring disclosure of records maintained by state agencies regardless of when the records came into existence. 83 H. 378, 927 P.2d 386.

Chapter not a "conflicting statute on the same subject matter" as chapter 89, within the meaning of §89-19, and thus is not preempted by chapter 89 or any collective bargaining agreement negotiated under it. 83 H. 378, 927 P.2d 386.

Confidentiality provision in police union's collective bargaining agreement with city unenforceable where provision prevents police department from performing its duties under this chapter. 83 H. 378, 927 P.2d 386.
Where trial court determined that any unaccepted engineering reports were returned to the developer and there was a lack of evidence suggesting that the city planning and permitting department "maintained" any reports or copies of the reports that were unaccepted by the department, trial court properly determined that, pursuant to this chapter, the reports submitted to the department in connection with the developer's subdivision application did not constitute "government records" prior to their acceptance by the department. 119 H. 90, 194 P.3d 531.

In a suit deciding whether disclosure of county council executive session minutes was required, circuit court properly found that both chapter 92 and this chapter applied; if the meeting met an exception to the open meeting requirements put forth in chapter 92, such as an exception enumerated in §92-5, the council was not required to disclose the minutes of that meeting to the public; if the meeting did not fall under such an exception, the council was required to disclose the minutes pursuant to §92-9 and §92F-12. 120 H. 34 (App.), 200 P.3d 403.