COURTESY OF FATHERNET BBS (718) 494-1719 PCBoard 15.0 USR-DS 16.8K Just make 1st call *after* 8 PM Eastern because there's immediate callback verification. No Handles. ************************************************* HRS @ 92F-1 (1993) [@ 92F-1]. Short title This chapter shall be known and may be cited as the Uniform Information Practices Act (Modified). HRS @ 92F-1 (1993) HISTORY: L 1988, c 262, @ 1 NOTES: CROSS REFERENCES. --As to the right to privacy, see Haw. Const., Art. I, @ 6. RESEARCH REFERENCES ALR4th. Patient's right to disclosure of his or her own medical records under state freedom of information act. 26 A.L.R.4th 701. NOTES APPLICABLE TO ENTIRE CHAPTER CROSS REFERENCES. --For provisions pertaining to ACCESS/legislative information services, see Chapter 21D. NOTES APPLICABLE TO ENTIRE PART EFFECTIVE DATE. --This part became effective July 1, 1989. HRS @ 92F-2 (1993) [@ 92F-2]. Purposes; rules of construction In a democracy, the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy -- the discussions, deliberations, decisions, and action of government agencies -- shall be conducted as openly as possible. The policy of conducting government business as openly as possible must be tempered by a recognition of the right of the people to privacy, as embodied in section 6 and section 7 of Article I of the Constitution of the State of Hawaii. This chapter shall be applied and construed to promote its underlying purposes and policies, which are to: (1) Promote the public interest in disclosure; (2) Provide for accurate, relevant, timely, and complete government records; (3) Enhance governmental accountability through a general policy of access to government records; (4) Make government accountable to individuals in the collection, use, and dissemination of information relating to them; and (5) Balance the individual privacy interest and the public access interest, allowing access unless it would constitute a clearly unwarranted invasion of personal privacy. HISTORY: L 1988, c 262, @ 1 CASE NOTES EDITOR'S NOTE. --The cases cited below were decided under prior law. THE PURPOSES OF FORMER CHAPTER 92E WERE: to allow an individual to gain access to governmentally maintained personal records which pertain to that person; to allow the individuals to amend or correct those records; and to secure the confidentiality of personal records. Painting Indus. v. Alm, 69 Haw. 449, 746 P.2d 79 (1987). FORMER CHAPTER 92E WAS EXPRESSLY ENACTED TO IMPLEMENT IN PART THE RIGHT TO PRIVACY provision of Haw. Const., Art. I, @ 6. Painting Indus. v. Alm, 69 Haw. 449, 746 P.2d 79 (1987). AND SCOPE OF INFORMATION PROTECTED HAD TO BE CONSISTENT THEREWITH. --As the purpose of former Chapter 92E was to implement in part the constitutional right to privacy, the scope of information protected had to be consistent with that right. Painting Indus. v. Alm, 69 Haw. 449, 746 P.2d 79 (1987). CITED in Kaapu v. Aloha Tower Dev. Corp. No. 15775, Haw. , 846 P.2d 882 (1993). OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. FORMER CHAPTER 92E INTENDED TO IMPLEMENT RIGHT TO PRIVACY. --Former Chapter 92E was enacted to implement in part Haw. Const., Art. I, @ 6, relating to the right to privacy. Op. Att'y Gen. No. 84-13 (1984); Op. Att'y Gen. No. 85-29 (1985). The motivating force behind the enactment of former Chapter 92E was Haw. Const., Art. I, @ 6, specifically, the second sentence. Op. Att'y Gen. No. 84-14 (1984). FORMER CHAPTER 92E PRIMARILY FOCUSED ON THE INDIVIDUAL who was the subject of the government records. Op. Att'y Gen. No. 84-14 (1984). USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, chapter, or title. [@ 92F-3]. General definitions Unless the context otherwise requires, in this chapter: "Agency" means any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county, but does not include the non-administrative functions of the courts of this State. "Government record" means information maintained by an agency in written, auditory, visual, electronic, or other physical form. "Individual" means a natural person. "Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. "Personal record" means any item, collection, or grouping of information about an individual that is maintained by an agency. It includes, but is not limited to, the individual's education, financial, medical, or employment history, or items that contain or make reference to the individual's name, identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. HISTORY: L 1988, c 262, @ 1 CASE NOTES EDITOR'S NOTE. --The cases cited below were decided under prior law. PERSONAL RECORDS. --Under former @ 92E-4, a personal record was not subject to public disclosure. Painting Indus. v. Alm, 69 Haw. 449, 746 P.2d 79 (1987). SETTLEMENT AGREEMENT CONCERNING A CORPORATION'S VIOLATION OF WAGE AND HOUR LAWS was not within the protection of former Chapter 92E. Painting Indus. v. Alm, 69 Haw. 449, 746 P.2d 79 (1987). CITED in Kaapu v. Aloha Tower Dev. Corp. No. 15775, Haw. , 846 P.2d 882 (1993). OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. WHEN DOCUMENTS ARE EXEMPT FROM DEFINITION OF "PUBLIC RECORD." --Any document falling within the definition of "public record" is subject to public inspection unless it comes within these exceptions: (1) any records which invade the right of privacy of an individual; (2) public records which may not be inspected under federal law; (3) records which the attorney general in his discretion may withhold when they pertain to the prosecution or defense of any action or prior to its commencement, to which the state may be a party unless they are "open" under any rule of court; (4) records which do not relate to a matter in violation of law and are deemed necessary for the protection of the character and reputation of any person; and (5) records whose inspections are prohibited by any other state law, such as @@ 396-13 and 396-14. Op. Att'y Gen. No. 76-3 (1976). APPLICATION FOR LICENSES UNDER CH. 448E ARE NOT PUBLIC RECORDS, because inspection would invade the right of privacy of an individual, and thus they are not subject to inspection and review by the public. Op. Att'y Gen. No. 75-7 (1975). COMMERCIAL MARINE LICENSES ARE NOT PUBLIC RECORDS available for public inspection and copying. Op. Att'y Gen. No. 85-23 (1985). MAIN PURPOSE OF CHAPTER 343 IS DISCLOSURE OF INFORMATION TO PUBLIC. It is, then, a special law which creates an exception to the general provisions of Chapter 92. Op. Att'y Gen. No. 86-16 (1986). COMMERCIAL MARINE LICENSE IS NOT A PUBLIC RECORD available for public inspection and copying. Op. Att'y Gen. No. 85-23 (1985). FEDERAL AGENCIES. --The term "agency," as defined in former @ 92E-1, did not include agencies of the federal government. Disclosure of information to federal agencies was limited to situations in which the purpose of obtaining the personal information was for civil or criminal law enforcement investigations under former @ 92E-5(5) or for auditing or monitoring a state agency which received federal moneys. Op. Att'y Gen. No. 86-14 (1986). MEANING OF "PERSONAL RECORD." --Notwithstanding the inclusion of "public records" in the definition of "personal record," the phrase "personal record," for the purpose of disclosure or confidentiality questions, refers to "personal records" that are not available to an individual for inspection by the general public. Op. Att'y Gen. No. 84-14 (1984). INFORMATION AS "PERSONAL RECORD." --The definition of "personal record" was intended to make the information the "personal record," regardless of the form in which that information is maintained. Op. Att'y Gen. No. 84-14 (1984). VITAL RECORDS CREATED AND MAINTAINED UNDER CHAPTER 338 pertain to and identify individuals, and are "personal records". Op. Att'y Gen. No. 84-14 (1984). FORMER CHAPTER 92E AND @ 338-15 IN PARI MATERIA. --Both former Chapter 92E and @ 338-15 addressed in part the same subject matter record about an individual and were, therefore, in pari materia. Op. Att'y Gen. No. 84-14 (1984). BUT FORMER CHAPTER 92E SUPERSEDED @ 338-15 WITH REGARD TO AMENDMENTS ON BIRTH CERTIFICATE. --Former Chapter 92E in actual application, substantially supersedes or overrides the provisions of @ 38-15 (as well as inconsistent administrative rules) that address amendments made on birth certificates. Op. Att'y Gen. No. 84-14 (1984). RIGHT TO ALTER BIRTH CERTIFICATE. --A birth certificate appears to be a "personal record." Consequently, the right to correct a "personal record" under former @@ 92E-8 and 92E-9 included the alteration of a birth certificate under @ 338-15. Op. Att'y Gen. No. 84-14 (1984). The entry of the race of the individual identified as the mother of the birth registrant on each of her last five children's birth certificates is an "accessible personal record" that pertains to her, and pursuant to former @ 92E-8(a), she had a right to request that the entry of her race on her children's birth certificates be corrected if she believed that such entry was a "factual error" or a "misrepresentation or misleading entry." Moreover, since "any item, collection, or grouping of information about" the mother of a birth registrant is a "personal record" of the mother and not of the birth registrant, she was entitled to request the correction she desires without the participation or consent of her five adult children whose birth certificates contain her own "accessible personal record." Op. Att'y Gen. No. 84-14 (1984). RIGHT TO FILE STATEMENT OF DISAGREEMENT AS TO BIRTH CERTIFICATE. --Because the entry of mother's racial ancestry on her adult children's birth certificate is her "personal record" and not her children's "personal record," former @ 92E-9 provided the right to file a statement of disagreement to the mother and not to her adult children. Her adult children were not allowed by former @ 92E-9 to file statements of disagreement regarding the refusal to change that item of information on their respective birth certificates. Op. Att'y Gen. No. 84-14 (1984). MARRIAGE CERTIFICATE. --Pursuant to the definition of "personal record," a marriage certificate contains an "item, collection, or grouping of information about" the individual identified as the groom, the individual identified as the bride, and each individual identified as a parent of the groom or of the bride. Op. Att'y Gen. No. 84-14 (1984). DEATH CERTIFICATE. --The usual death certificate includes items of information "about" the deceased that meet the definition of "personal record." Op. Att'y Gen. No. 84-14 (1984). The usual death certificate includes the names of the parents of the deceased and the deceased's surviving spouse, if there was one. Those entries provide information "about" the named individuals' relationship with the deceased and, therefore, are probably "personal records" of those named individuals. Generally, however, the information on the usual death certificate cannot be the "personal record" of the "individual survivors," whoever they may be, because the information pertains only to the deceased. Op. Att'y Gen. No. 84-14 (1984). DISCLOSURE OF APPRENTICESHIP INFORMATION TO FEDERAL BUREAU. --The apprenticeship division of the department of labor and industrial relations cannot disclose information pertaining to Hawaii apprentices to the federal bureau of apprenticeship and training (BAT) to benefit from BAT's computerized system of record-keeping, known as the Apprenticeship Management System, where the information required by BAT to enable Hawaii's apprenticeship information to be processed into its computerized system is as follows: apprentice's name, social security number, birth date, sex, ethnic code, and veteran code, which clearly falls within the definition of "personal record," so that release of this information was governed by former Chapter 92E. Op. Att'y Gen. No. 86-14 (1986). MATERIAL FILED PURSUANT TO ENVIRONMENTAL DISCLOSURE LAW. --Even though material filed pursuant to the Environmental Disclosure Law, @ 343D-3, if concerned with the financial status of an individual, is a "personal record," it may still be a "public record" available for public inspection, and former @ 92E-4 would permit disclosure of such material. Op. Att'y Gen. No. 86-16 (1986). Former Chapter 92E, in implementing the constitutional right to privacy, clearly permitted disclosure of any personal records which might be filed pursuant to Chapter 343D, the Environmental Disclosure Law. Op. Att'y Gen. No. 86-16 (1986). COMMERCIAL MARINE LICENSE RECORDS. --The public release of the names of those persons holding a commercial marine license or a roster containing this information was permissible under paragraph (2) of former @ 92E-1. Op. Att'y Gen. No. 85-23 (1985). Information on commercial marine licenses relating to address, sex, birthdate, physical features, etc., is personal, and hence, confidential pursuant to this chapter, and the items relating to fish catch reports are information collected pursuant to @ 189-3, which expressly provides for such information to be confidential. Op. Att'y Gen. No. 85-23 (1985). RESEARCH REFERENCES HAWAII LEGAL REPORTER. As to inclusion of building permit applications, plans, as specifications in definition of "public records", see 79 Haw. Legal Rep. 79-0543. USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, chapter, or title. HRS @ 92F-4 (1993) [@ 92F-4]. Funding, services, and other federal assistance Where compliance with any provision of this chapter would cause an agency to lose or be denied funding, services, or other assistance from the federal government, compliance with that provision shall be waived but only to the extent necessary to protect eligibility for federal funding, services, or other assistance. HISTORY: L 1992, c 118, @ 1 NOTES: EFFECTIVE DATE. --This section became effective May 27, 1992. USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, chapter, or title. HRS @ 92F-11 (1993) [@ 92F-11]. Affirmative agency disclosure responsibilities (a) All government records are open to public inspection unless access is restricted or closed by law. (b) Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours. (c) Unless the information is readily retrievable by the agency in the form in which it is requested, an agency shall not be required to prepare a compilation or summary of its records. (d) Each agency shall assure reasonable access to facilities for duplicating records and for making memoranda or abstracts. (e) Each agency may adopt rules, pursuant to chapter 91, to protect its records from theft, loss, defacement, alteration, or deterioration and to prevent manifestly excessive interference with the discharge of its other lawful responsibilities and functions. HISTORY: L 1988, c 262, @ 1 CASE NOTES EDITOR'S NOTE. --The cases cited below were decided under prior law. EXEMPTION OF PERSONAL RECORD FROM DISCLOSURE. --Under former @ 92E-4, a personal record, as defined by former @ 92E-1, was not subject to public disclosure. Painting Indus. v. Alm, 69 Haw. 449, 746 P.2d 79 (1987). CITED in Kaapu v. Aloha Tower Dev. Corp. No. 15775, Haw. , 846 P.2d 882 (1993). OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. MEANING OF "PERSONAL RECORD." --Notwithstanding the inclusion of "public records" in the definition of "personal record," the phrase "personal record," for the purpose of disclosure or confidentiality questions, refers to "personal records" that are not available to an individual for inspection by the general public. Op. Att'y Gen. No. 84-14 (1984). WHERE THERE IS NO STATE OR FEDERAL STATUTE WHICH EXPRESSLY AUTHORIZES RELEASE of the personal records requested, paragraph (3) of former @ 92E-4 did not provide authority for disclosing the information. Op. Att'y Gen. No. 86-14 (1986). PROFESSIONAL AND VOCATIONAL LICENSE RECORDS. --A roster containing only the names of licensees of the professional and vocational licensing division of the department of commerce and consumer affairs and the types of licenses held by such licensees may be made available to the public. Op. Att'y Gen. No. 84-13 (1984). Inasmuch as the home addresses and telephone numbers of licensees of the professional and vocational licensing division of the department of commerce and consumer affairs are derived from license applications, and because such information is confidential and is not collected and maintained specifically for the purpose of creating a record available to the general public, former Chapter 92E prohibited the release of rosters which contained such confidential information. Op. Att'y Gen. No. 84-13 (1984). COMMERCIAL MARINE LICENSE RECORDS. --The public release of the names of those persons holding a commercial marine license or a roster containing this information was permissible under paragraph (2) of former @ 92E-4. Op. Att'y Gen. No. 85-23 (1985). Information on commercial marine licenses relating to address, sex, birthdate, physical features, etc., is personal, and hence, confidential pursuant to this chapter, and the items relating to fish catch reports are information collected pursuant to @ 189-3, which expressly provides for such information to be confidential. Op. Att'y Gen. No. 85-23 (1985). THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, AS A STATE AGENCY, COULD BE GIVEN PERSONAL INFORMATION maintained on individuals by other agencies under former @ 92E-5(3), in view of its enforcement powers under @ 378-1 et seq., but the complainant who filed an employment practice complaint had no right to such information. Op. Att'y Gen. No. 85-29 (1985). MATERIAL FILED PURSUANT TO ENVIRONMENTAL DISCLOSURE LAW. --Even though material filed pursuant to the Environmental Disclosure Law, @ 343D-3, if concerned with the financial status of an individual, was a "personal record" under former @ 92E-1, it could still be a "public record" available for public inspection, and former @ 92E-4 would permit disclosure of such material. Op. Att'y Gen. No. 86-16 (1986). NOTES APPLICABLE TO ENTIRE CHAPTER CROSS REFERENCES. --For provisions pertaining to ACCESS/legislative information services, see Chapter 21D. NOTES APPLICABLE TO ENTIRE PART EFFECTIVE DATE. --This part became effective July 1, 1989. HRS @ 92F-12 (1993) @ 92F-12. Disclosure required (a) Any provision to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours: (1) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency; (2) Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases; (3) Government purchasing information including all bid results, except to the extent prohibited by section 92F-13; (4) Pardons and commutations, as well as directory information concerning an individual's presence at any correctional facility; (5) Land ownership, transfer, and lien records, including real property tax information and leases of state land; (6) Results of environmental tests; (7) Minutes of all agency meetings required by law to be public; (8) Name, address, and occupation of any person borrowing funds from a state or county loan program, and the amount, purpose, and current status of the loan; (9) Certified payroll records on public works contracts; (10) Regarding contract hires and consultants employed by agencies: the contract itself, the amount of compensation, the duration of the contract, and the objectives of the contract; (11) Building permit information within the control of the agency; (12) Water service consumption data maintained by the boards of water supply; (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 chapters 76, 77, 297, 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 provision shall not require the creation of a roster of employees; and provided further that this provision 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; (5) Government records pursuant to a subpoena from either house of the state legislature; and (6) Information from the motor vehicle registration files, provided that the person requesting such files shall have a legitimate reason as determined by rules. HISTORY: 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 NOTES: THE 1989 AMENDMENT, effective July 1, 1989, rewrote paragraph (a)(14). THE 1991 AMENDMENT, effective May 23, 1991, substituted "the person" for "the individual" in paragraph (b)(2). THE 1992 AMENDMENT, effective June 12, 1992, in paragraph (a)(14) added "or included in" following "the salary range for employees covered by"; substituted "297, or bargaining unit (8))," for "297 or 304)," following "chapters 76, 77,"; near the end of paragraph (a)(14) substituted "and provided further" for "except" preceding "that this provision shall not apply to information regarding present or former employees"; and made minor changes in punctuation and style throughout subsection (a). CROSS REFERENCES. --As to inspection of register of voters and records pertaining to the registry of voters or to any election, see @ 11-97. As to tax records open to the public, see @ 231-19. CASE NOTES EDITOR'S NOTE. --The cases cited below were decided under prior law. UNDER FORMER @ 92-50, PUBLIC RECORD WAS SUBJECT TO DISCLOSURE, UNLESS SUCH DISCLOSURE INVADED THE PRIVACY OF THE INDIVIDUAL. Painting Indus. v. Alm, 69 Haw. 449, 746 P.2d 79 (1987). OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. SECTIONS 396-13 AND 396-14 ARE STATE LAWS FALLING WITHIN THE EXCEPTION TO PUBLIC INSPECTION RIGHTS UNDER FORMER @ 92-50. Op. Att'y Gen. No. 76-3 (1976). USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, chapter, or title. HRS @ 92F-13 (1993) @ 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 (5) Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature. HISTORY: L 1988, c 262, @ 1; am L 1993, c 250, @ 1 NOTES: EDITOR'S NOTE. --1993 Haw. Sess. Laws, Act 250, @ 1, added a comma following "Government records" in paragraph (1), but did not underscore the change. Section 4 of the Act provides that new statutory material is underscored; therefore, the comma has not been included in the above text. THE 1993 AMENDMENT, effective June 18, 1993, substituted "part" for "chapter" in the introductory sentence. CASE NOTES APPLICABILITY TO CONSTRUCTION OR DEVELOPMENT PROPOSALS. --The only reasonable construction or development proposals submitted pursuant to Rule 15-26-44 of the Hawaii Administrative Rules (Department of Business and Economic Development) that is consistent with the relevant legislative history of this Act is that they are government records that, by their very nature, must be kept confidential in order to avoid the frustration of a legitimate government function within the meaning of subsection (3) of this section. Kaapu v. Aloha Tower Dev. Corp. No. 15775, Haw. , 846 P.2d 882 (1993). HRS @ 92F-14 (1993) @ 92F-14. Clearly unwarranted invasion of personal privacy (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 interests 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; (3) Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels; (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 nonjudicial 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 with respect to misconduct that occurs while the officer is not acting in the capacity of a police officer; (5) Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position; (6) Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or credit worthiness; (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; and (8) Information comprising a personal recommendation or evaluation. HISTORY: L 1988, c 262, @ 1; am L 1993, c 191, @ 1 NOTES: THE 1993 AMENDMENT, effective June 9, 1993, in subsection (b), deleted "information relating to the status of any formal charges against the employee and disciplinary action taken or information disclosed under section 92F-12(a)(14);" from the end of paragraph (4); added subparagraphs (4)(A) and (4)(B); and made minor changes in punctuation. RESEARCH REFERENCES ALR4th. Intrusion by news-gathering entity as invasion of right of privacy. 69 A.L.R.4th 1059. HRS @ 92F-15 (1993) @ 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. HISTORY: L 1988, c 262, pt of @ 1; am L 1989, c 192, @ 3 NOTES: THE 1989 AMENDMENT, effective July 1, 1989, inserted "within two years after the agency denial" in subsection (a). CASE NOTES CITED in Kaapu v. Aloha Tower Dev. Corp. No. 15775, Haw. , 846 P.2d 882 (1993). RESEARCH REFERENCES ALR4th. State freedom of information act requests: right to receive information in particular medium or format. 86 A.L.R.4th 786. HAWAII LEGAL REPORTER. As to order allowing newspaper to inspect public records pertaining to water pollution, see 79 Haw. Legal Rep. 79-0117. HRS @ 92F-15.5 (1993) @ 92F-15.5. Alternative method to appeal a denial of access (a) When an agency denies a person access to a government record, the person may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the person's right to appeal to the circuit court after a decision is made by the office of information practices. (b) If the decision is to disclose, the office of information practices shall notify the person and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the person of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-15(a). HISTORY: L 1989, c 192, @ 1 NOTES: EFFECTIVE DATE. --This section became effective July 1, 1989. HRS @ 92F-16 (1993) [@ 92F-16]. Immunity from liability Anyone participating in good faith in the disclosure or nondisclosure of a government record shall be immune from any liability, civil or criminal, that might otherwise be incurred, imposed or result from such acts or omissions. HRS @ 92F-16 (1993) HISTORY: L 1988, c 262, @ 1 HRS @ 92F-17 (1993) [@ 92F-17]. Criminal penalties (a) An officer or employee of an agency who intentionally discloses or provides a copy of a government record, or any confidential information explicitly described by specific confidentiality statutes, to any person or agency with actual knowledge that disclosure is prohibited, shall be guilty of a misdemeanor, unless a greater penalty is otherwise provided for by law. (b) A person who intentionally gains access to or obtains a copy of a government record by false pretense, bribery, or theft, with actual knowledge that access is prohibited, or who intentionally obtains any confidential information by false pretense, bribery, or theft, with actual knowledge that it is prohibited [by] a confidentiality statute, shall be guilty of a misdemeanor. HISTORY: L 1988, c 262, @ 1 HRS @ 92F-18 (1993) @ 92F-18. Agency implementation (a) Each agency shall: (1) Issue instructions and guidelines necessary to effectuate this chapter; and (2) Take steps to assure that all its employees and officers responsible for the collection, maintenance, use, and dissemination of government records are informed of the requirements of this chapter. (b) Each agency shall compile a public report describing the records it routinely uses or maintains using forms prescribed by the office of information practices. The public reports shall be filed with the office of information practices on or before December 31, 1994. The public reports shall include: (1) The name and location of each set of records; (2) The authority under which the records are maintained; (3) The categories of individuals for whom records are maintained; (4) The categories of information or data maintained in the records; (5) The categories of sources of information in the records; (6) The categories of uses and disclosures made of the records; (7) The agencies and categories of persons outside of the agency which routinely use the records; (8) The records routinely used by the agency which are maintained by: (A) Another agency; or (B) A person other than an agency; (9) The policies and practices of the agency regarding storage, retrievability, access controls, retentions, and disposal of the information maintained in records; (10) The title, business address, and business telephone number of the agency officer or officers responsible for the records; (11) The agency procedures whereby an individual may request access to records; and (12) The number of written requests for access within the preceding year, the number denied, the number of lawsuits initiated against the agency under this part, and the number of suits in which access was granted. (c) Each agency shall supplement or amend its public report, or file a new report, on or before July 1 of each subsequent year, to ensure that the information remains accurate and complete. Each agency shall file the supplemental, amended, or new report with the office of information practices, which shall make the reports available for public inspection. HISTORY: L 1988, c 262, pt of @ 1; am L 1989, c 192, @ 4; am L 1991, c 167, @ 2; am L 1992, c 118, @ 2; am L 1993, c 57, @ 1 NOTES: EDITOR'S NOTE. --1989 Haw. Sess. Laws, Act 192, @ 11, as amended by 1991 Haw. Sess. Laws, Act 167, @ 3; 1992 Haw. Sess. Laws, Act 118, @ 3; and 1993 Haw. Sess. Laws, Act 57, @ 2 provides: "Each agency, as defined in Chapter 92F, Hawaii Revised Statutes, shall file its public report describing the records it routinely uses or maintains, in accordance with section 92F-18, Hawaii Revised Statutes; provided that each agency shall have filed with the office of information practices twenty-five per cent of its public report forms on or before December 31, 1993, fifty per cent on or before March 31, 1994, seventy-five per cent on or before July 1, 1994, and one hundred per cent on or before December 31, 1994." THE 1989 AMENDMENT, effective July 1, 1989, in subsection (b), inserted "using forms prescribed by the office of information practices" at the end of the first sentence, substituted "on or before July 1, 1991. The public reports shall include" for "and shall include" at the end of the introductory paragraph; and added subsection (c). THE 1991 AMENDMENT, effective May 23, 1991, substituted "September 30, 1992" for "July 1, 1991" in the second sentence of the introductory paragraph of subsection (b). THE 1992 AMENDMENT, effective May 27, 1992, at the end of the second sentence of subsection (b) substituted "December 31, 1993." for "September 30, 1992." THE 1993 AMENDMENT, effective April 26, 1993, substituted "1994" for "1993" at the end of the second sentence of subsection (b). HRS @ 92F-19 (1993) @ 92F-19. Limitations on disclosure of government records to other agencies (a) No agency may disclose or authorize disclosure of government records to any other agency unless the disclosure is: (1) Necessary for the performance of the requesting agency's duties and functions and is also: (A) Compatible with the purpose for which the information was collected or obtained; or (B) Consistent with the conditions or reasonable expectations of use and disclosure under which the information was provided; (2) To the state archives for [the] purposes of historical preservation, administrative maintenance, or destruction; (3) To another agency, another state, or the federal government, or foreign law enforcement agency or authority, if the disclosure is: (A) For the purpose of a civil or criminal law enforcement activity authorized by law; and (B) Pursuant to: (i) A written agreement or written request, or (ii) A verbal request, made under exigent circumstances, by an officer or employee of the requesting agency whose identity has been verified, provided that such request is promptly confirmed in writing; (4) To a criminal law enforcement agency of this State, another state, or the federal government, or a foreign criminal law enforcement agency or authority, if the information is limited to an individual's name and other identifying particulars, including present and past places of employment; (5) To a foreign government pursuant to an executive agreement, compact, treaty, or statute; (6) To the legislature, or a county council, or any committee or subcommittee thereof; (7) Pursuant to an order of a court of competent jurisdiction; (8) To authorized officials of another agency, another state, or the federal government for the purpose of auditing or monitoring an agency program that receives federal, state, or county funding; (9) To the offices of the legislative auditor, the legislative reference bureau, or the ombudsman of this State for the performance of their respective functions; (10) To the department of personnel services, county personnel agencies, or line agency personnel offices for the performance of their respective duties and functions, including employee recruitment and examination, classification and compensation reviews, the administration and auditing of personnel transactions, the administration of training and safety, workers compensation, and employee benefits and assistance programs, and for labor relations purposes; or (11) Otherwise subject to disclosure under this chapter. (b) An agency receiving government records pursuant to subsection (a) shall be subject to the same restrictions on disclosure of the records as the originating agency. HISTORY: L 1988, c 262, @ 1; am L 1993, c 250, @ 2 NOTES: EDITOR'S NOTE. --1993 Haw. Sess. Laws, Act 250, @ 2, inserted "the" following "To the state archives for" in paragraph (a)(2), but did not underscore the addition. Section 4 of the Act provides that new statutory material is underscored. Therefore, the word has been bracketed in the above text. THE 1993 AMENDMENT, effective June 18, 1993, rewrote subsection (a). See the bound volume for the prior version. OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. DISCLOSURE OF INFORMATION TO FEDERAL AGENCIES WAS LIMITED to situations in which the purpose of obtaining the personal information was for civil or criminal law enforcement investigations under paragraph (5) of former @ 92E-5 or for auditing or monitoring a state agency which received federal moneys under paragraph (8) of former @ 92E-5. Op. Att'y Gen. No. 86-14 (1986). THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, AS A STATE AGENCY, COULD BE GIVEN PERSONAL INFORMATION maintained on individuals by other agencies under paragraph (3) of former @ 92E-5, in view of its enforcement powers under @ 378-1 et seq., but the complainant who filed an employment practice complaint had no right to such information. Op. Att'y Gen. No. 85-29 (1985). HRS @ 92F-21 (1993) [@ 92F-21]. Individual's access to own personal record Each agency that maintains any accessible personal record shall make that record available to the individual to whom it pertains, in a reasonably prompt manner and in a reasonably intelligible form. Where necessary the agency shall provide a translation into common terms of any machine readable code or any code or abbreviation employed for internal agency use. HISTORY: L 1988, c 262, @ 1 OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. THE LEGISLATURE INTENDED TO EXTEND THE INDIVIDUAL'S ACCESS RIGHTS under former @@ 92E-2 and @ 92E-6 to all of his or her nonexempt "personal records," including his or her "personal records" that are "public records." Op. Att'y Gen. No. 84-14 (1984). ACCESS TO VITAL RECORDS UNDER CHAPTER 338. --Under the expressio unius maxim, former Chapter 92E was intended to provide access and correction provisions for vital records under Chapter 338, because the legislature did not expressly exempt vital records by listing them in former @ 92E-3. Op. Att'y Gen. No. 84-14 (1984). RIGHT TO CORRECTION OF BIRTH CERTIFICATE. --The entry of the race of the individual identified as the mother of the birth registrant on each of her last five children's birth certificates is an "accessible personal record" that pertains to her, and pursuant to former @ 92E-8(a), she had a right to request that the entry of her race on her children's birth certificates be corrected if she believed that such entry was a "factual error" or a "misrepresentation or misleading entry." Moreover, since "any item, collection, or grouping of information about" the mother of a birth registrant is a "personal record" of the mother and not of the birth registrant, she was entitled to request the correction she desired without the participation or consent of her five adult children whose birth certificates contain her own "accessible personal record." Op. Att'y Gen. No. 84-14 (1984). THE LEGISLATURE INTENDED TO EXTEND THE INDIVIDUAL'S ACCESS RIGHTS under former @@ 92E-2 and 92E-6 to all of his or her nonexempt "personal records," including his or her "personal records" that are "public records." Op. Att'y Gen. No. 84-14 (1984). NOTES APPLICABLE TO ENTIRE CHAPTER CROSS REFERENCES. --For provisions pertaining to ACCESS/legislative information services, see Chapter 21D. NOTES APPLICABLE TO ENTIRE PART HRS @ 92F-21 (1993) EDITOR'S NOTE. --1989 Haw. Sess. Laws, Act 192, @ 5, effective July 1, 1989, amended the title of Part III to read as set out above. EFFECTIVE DATE. --This part became effective July 1, 1989. HRS @ 92F-21.5 (1993) [@ 92F-21.5]. Repealed L 1990, c 250, @ 4, effective June 25, 1990. USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, chapter, or title. HRS @ 92F-22 (1993) @ 92F-22. Exemptions and limitations on individual access An agency is not required by this part to grant an individual access to personal records, or information in such records: (1) Maintained by an agency that performs as its or as a principal function any activity pertaining to the prevention, control, or reduction of crime, and which consist of: (A) Information or reports prepared or compiled for the purpose of criminal intelligence or of a criminal investigation, including reports of informers, witnesses, and investigators; or (B) Reports prepared or compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through confinement, correctional supervision, and release from supervision. (2) The disclosure of which would reveal the identity of a source who furnished information to the agency under an express or implied promise of confidentiality. (3) Consisting of testing or examination material or scoring keys used solely to determine individual qualifications for appointment or promotion in public employment, or used as or to administer a licensing examination or an academic examination, the disclosure of which would compromise the objectivity, fairness, or effectiveness of the testing or examination process. (4) Including investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the individual. (5) Required to be withheld from the individual to whom it pertains by statute or judicial decision or authorized to be so withheld by constitutional or statutory privilege. HISTORY: L 1988, c 262, @ 1; am L 1993, c 250, @ 3 NOTES: THE 1993 AMENDMENT, effective June 18, 1993, substituted "part" for "chapter" in the introductory sentence; deleted former subparagraph (1)(A) which read "Information which fits or falls within the definition of "criminal history record information' in section 846-1"; redesignated former subparagraphs (1)(B) and (1)(C) as subparagraphs (1)(A) and (1)(B); and made minor changes in style. HRS @ 92F-23 (1993) [@ 92F-23]. Access to personal record; initial procedure Upon the request of an individual to gain access to the individual's personal record, an agency shall permit the individual to review the record and have a copy made within ten working days following the date of the request unless the personal record requested is exempted under section 92F-22. The ten-day period may be extended for an additional twenty working days if the agency provides to the individual, within the initial ten working days, a written explanation of unusual circumstances causing the delay. HISTORY: L 1988, c 262, @ 1 HRS @ 92F-24 (1993) [@ 92F-24]. Right to correct personal record; initial procedure (a) An individual has a right to have any factual error in that person's personal record corrected and any misrepresentation or misleading entry in the record amended by the agency which is responsible for its maintenance. (b) Within twenty business days after receipt of a written request to correct or amend a personal record and evidence that the personal record contains a factual error, misrepresentation, or misleading entry, an agency shall acknowledge receipt of the request and purported evidence in writing and promptly: (1) Make the requested correction or amendment; or (2) Inform the individual in writing of its refusal to correct or amend the personal record, the reason for the refusal, and the agency procedures for review of the refusal. HISTORY: L 1988, c 262, @ 1 OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. SCOPE OF INDIVIDUAL'S CORRECTION RIGHT. --Since former @ 92E-9 covered both access and correction, an individual's correction right under former @ 92E-8 applied to the same "personal records" covered by the access provisions of former @ 92E-6, namely, all of that individual's nonexempt "personal records," including those that might be otherwise available to that individual. Op. Att'y Gen. No. 84-14 (1984). CORRECTION OR AMENDMENT OF VITAL RECORD CERTIFICATES. --Former @@ 92E-8 and @ 92E-9 provided for possible corrections or amendments of vital record certificates that were not expressly allowed by any section in Part I of Chapter 338. For the correction or amendment of those vital record certificates, former Chapter 92E, and not @ 338-30(b), would control, as it was the later expression of the legislature. Op. Att'y Gen. No. 84-14 (1984). WHO MAY ALTER OR CORRECT PARTICULAR VITAL RECORD CERTIFICATE. --A request to alter an item of information on a vital record certificate must be evaluated to determine whether the particular item desired to be altered is a "personal record" of the individual making the request. Generally, individuals identified on vital record certificates in the category of "informers, witnesses, and investigators" or other "source" of information are not individuals "about" whom the information is maintained. Only the individuals "about" whom the "accessible" information is maintained may request correction or amendment of that information as a "personal record." Op. Att'y Gen. No. 84-14 (1984). INDIVIDUAL MAY NOT ALTER PARENTS' MARRIAGE RECORD. --An individual is not entitled under former Chapter 92E or Chapters 338 or 572 to request a change on the marriage record of her parents. Op. Att'y Gen. No. 84-14 (1984). RIGHT TO ALTER BIRTH CERTIFICATE. --A birth certificate appears to be a "personal record" as defined by former @ 92E-1. Consequently, the right to correct a "personal record" under former @@ 92E-8 and 92E-9 included the alteration of a birth certificate under @ 338-15. Op. Att'y Gen. No. 84-14 (1984). The entry of the race of the individual identified as the mother of the birth registrant on each of her last five children's birth certificates is an "accessible personal record" that pertains to her, and pursuant to paragraph (a) of former @ 92E-8, she had a right to request that the entry of her race on her children's birth certificates be corrected if she believed that such entry was a "factual error" or a "misrepresentation or misleading entry." Moreover, since "any item, collection, or grouping of information about" the mother of a birth registrant is a "personal record" of the mother and not of the birth registrant, she is entitled to request the correction she desires without the participation or consent of her five adult children whose birth certificates contain her own "accessible personal record." Op. Att'y Gen. No. 84-14 (1984) HRS @ 92F-25 (1993) @ 92F-25. Correction and amendment; review procedures (a) Not later than thirty business days after receipt of a request for review of an agency refusal to allow correction or amendment of a personal record, the agency shall make a final determination. (b) If the agency refuses upon final determination to allow correction or amendment of a personal record, the agency shall so state in writing and: (1) Permit, whenever appropriate, the individual to file in the record a concise statement setting forth the reasons for the individual's disagreement with the refusal of the agency to correct or amend it; and (2) Notify the individual of the applicable procedures for obtaining appropriate judicial remedy. HISTORY: L 1988, c 262, pt of @ 1; am L 1989, c 192, @ 6 NOTES: THE 1989 AMENDMENT, effective July 1, 1989, substituted "Correction and amendment" for "Access and correction" in the catchline; and deleted "access to, or" preceding "correction or amendment" in subsections (a) and (b). OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. CORRECTION OR AMENDMENT OF VITAL RECORD CERTIFICATES. --Former @@ 92E-8 and 92E-9 provided for possible corrections or amendments of vital record certificates that were not expressly allowed by any section in Part I of Chapter 338. For the correction or amendment of those vital record certificates, former Chapter 92E, and not @ 338-30(b), would control, as it was the later expression of the legislature. Op. Att'y Gen. No. 84-14 (1984). RIGHT TO ALTER BIRTH CERTIFICATE. --A birth certificate appears to be a "personal record" as defined by former @ 92E-1. Consequently, the right to correct a "personal record" under former @@ 92E-8 and 92E-9 included the alteration of a birth certificate under @ 338-15. Op. Att'y Gen. No. 84-14 (1984). RIGHT TO FILE STATEMENT OF DISAGREEMENT AS TO BIRTH CERTIFICATE. --Because the entry of a mother's racial ancestry on her adult children's birth certificate was her "personal record" under former @ 92E-1, and not her children's "personal record," former @ 92E-9 provided the right to file a statement of disagreement to the mother and not to her adult children. Her adult children were not allowed by former @ 92E-9 to file statements of disagreement regarding the refusal to change that item of information on their respective birth certificates. Op. Att'y Gen. No. 84-14 (1984). THE CONCISE WRITTEN STATEMENT SHOULD BE FILED WITH THE AGENCY and not "in the record," as the legislature intended to leave to administrative determination the actual mechanics of making a statement of disagreement a part of the record, whether it be appended to or otherwise included in the individual's relevant record. Op. Att'y Gen. No. 84-14 (1984). NO PROVISION FOR "CONTESTED CASE" HEARING. --Former @@ 92E-9 and 92E-11 did not provide for a hearing in the nature of an administrative "contested case" hearing under Chapter 91. Op. Att'y Gen. No. 84-14 (1984). HRS @ 92F-26 (1993) @ 92F-26. Rules The office of information practices shall adopt rules, under chapter 91, establishing procedures necessary to implement or administer this part, which the agencies shall adopt, insofar as practicable, in order to ensure uniformity among state and county agencies. HISTORY: L 1988, c 262, pt of @ 1; am L 1989, c 192, @ 7 NOTES: THE 1989 AMENDMENT, effective July 1, 1989, rewrote this section. HRS @ 92F-27 (1993) @ 92F-27. Civil actions and remedies (a) An individual may bring a civil action against an agency in a circuit court of the State whenever an agency fails to comply with any provision of this part, and after appropriate administrative remedies under sections 92F-23, 92F-24, and 92F-25 have been exhausted. (b) In any action brought under this section the court may order the agency to correct or amend the complainant's personal record, to require any other agency action, or to enjoin such agency from improper actions as the court may deem necessary and appropriate to render substantial relief. (c) In any action brought under this section in which the court determines that the agency knowingly or intentionally violated a provision of this part, the agency shall be liable to the complainant in an amount equal to the sum of: (1) Actual damages sustained by the complainant as a result of the failure of the agency to properly maintain the personal record, but in no case shall a complainant (individual) entitled to recovery receive less than the sum of $1,000; and (2) The costs of the action together with reasonable attorney's fees as determined by the court. (d) The court may assess reasonable attorney's fees and other litigation costs reasonably incurred against the agency in any case in which the complainant has substantially prevailed, and against the complainant where the charges brought against the agency were frivolous. (e) An action may be brought in the circuit court where the complainant resides, the complainant's principal place of business is situated, or the complainant's relevant personal record is situated. No action shall be brought later than two years after notification of the agency denial, or where applicable, the date of receipt of the final determination of the office of information practices. HISTORY: L 1988, c 262, pt of @ 1; am L 1989, c 192, @ 8 NOTES: THE 1989 AMENDMENT, effective July 1, 1989, substituted "notification of the agency denial, or where applicable, the date of receipt of the final determination of the office of information practices" for "the date of the cause of action, which shall be the date of the last written communication to the agency requesting compliance" at the end of subsection (e). OPINIONS OF ATTORNEY GENERAL EDITOR'S NOTE. -- The Opinions of the Attorney General cited below were issued under prior law. NO PROVISION FOR "CONTESTED CASE" HEARING. --Former @@ 92E-9 and 92E-11 did not provide for a hearing in the nature of an administrative "contested case" hearing under Chapter 91. Op. Att'y Gen. No. 84-14 (1984). HRS @ 92F-27.5 (1993) @ 92F-27.5. Alternative method to appeal a denial of access (a) When an agency denies an individual access to that individual's personal record, the individual may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the individual's right to appeal to the circuit court after a decision is made by the office of information practices. (b) If the decision is to disclose, the office of information practices shall notify the individual and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the individual of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-27. HISTORY: L 1989, c 192, @ 2 NOTES: EFFECTIVE DATE. --This section became effective July 1, 1989. HRS @ 92F-28 (1993) [@ 92F-28]. Access to personal records by order in judicial or administrative proceedings; access as authorized or required by other law Nothing in this part shall be construed to permit or require an agency to withhold or deny access to a personal record, or any information in a personal record: (1) When the agency is ordered to produce, disclose, or allow access to the record or information in the record, or when discovery of such record or information is allowed by prevailing rules of discovery or by subpoena, in any judicial or administrative proceeding; or (2) Where any statute, administrative rule, rule of court, judicial decision, or other law authorizes or allows an individual to gain access to a personal record or to any information in a personal record or requires that the individual be given such access. HISTORY: L 1988, c 262, @ 1 HRS @ 92F-41 (1993) @ 92F-41. Office of information practices (a) There shall be within the department of the attorney general, for administrative purposes only, an office of information practices.