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                               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.