CHAPTER 92F

UNIFORM INFORMATION PRACTICES ACT (MODIFIED)

 

         Part I.  General Provisions and Definitions

Section

      92F-1 Short title

      92F-2 Purposes; rules of construction

      92F-3 General definitions

      92F-4 Funding, services, and other federal assistance

 

         Part II.  Freedom of Information

     92F-11 Affirmative agency disclosure responsibilities

     92F-12 Disclosure required

     92F-13 Government records; exceptions to general rule

     92F-14 Significant privacy interest; examples

     92F-15 Judicial enforcement

   92F-15.3 Notice to the office of information practices

   92F-15.5 Alternative method to appeal a denial of access

     92F-16 Immunity from liability

     92F-17 Criminal penalties

     92F-18 Agency implementation

     92F-19 Limitations on disclosure of government

            records to other agencies

 

         Part III.  Disclosure of Personal Records

     92F-21 Individual's access to own personal record

   92F-21.5 Repealed

     92F-22 Exemptions and limitations on individual access

     92F-23 Access to personal record; initial procedure

     92F-24 Right to correct personal record; initial procedure

     92F-25 Correction and amendment; review procedures

     92F-26 Rules

     92F-27 Civil actions and remedies

   92F-27.5 Alternative method to appeal a denial of access

     92F-28 Access to personal records by order in judicial

            or administrative proceedings; access as

            authorized or required by other law

 

         Part IV.  Office of Information Practices; Duties

     92F-41 Office of information practices; established

     92F-42 Powers and duties of the office of information

            practices

     92F-43 Agency appeal of a decision by the office of

            information practices

 

Note

 

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

 

Cross References

 

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

  Access/legislative information service, see chapter 21D.

  Destruction of personal information records, see chapter 487R.

  Information privacy and security council; personal information security, see §§487N-5 to 7.

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

  Personal information protection, see chapter 487J.

  Privacy of consumer financial information, see §§431:3A-101 to 504.

  Retail merchant club card requirements, see chapter 487D.

  Security breach of personal information, see chapter 487N.

  Uniform electronic transactions act, see chapter 489E.

 

Law Journals and Reviews

 

  2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii's Office of Information Practices.  36 UH L. Rev. 271 (2014).

 

Case Notes

 

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

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

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

  Confidentiality provision in police union's collective bargaining agreement with city unenforceable where provision prevents police department from performing its duties under this chapter.  83 H. 378, 927 P.2d 386.

  Where trial court determined that any unaccepted engineering reports were returned to the developer and there was  a lack of evidence suggesting that the city planning and permitting department "maintained" any reports or copies of the reports that were unaccepted by the department, trial court properly determined that, pursuant to this chapter, the reports submitted to the department in connection with the developer's subdivision application did not constitute "government records" prior to their acceptance by the department.  119 H. 90, 194 P.3d 531.

  As judicial financial disclosure statements are judicial records, created and governed by rule 15 of the rules of the supreme court, promulgated by the court pursuant to its inherent and constitutional judicial authority to regulate judges, and the authority to promulgate rules and keep records with regard to judicial qualification and discipline matters (1) fall within the scope of the court's power to adjudicate, and (2) is inherently intertwined with such adjudicative power, the rules and records are not subject to this chapter or review by the office of information practices.  121 H. 179, 215 P.3d 411.

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

  Where property owner sued county of Hawaii and the county planning director for negligence based upon the county planning department's failure to maintain relevant correspondence letters in the property's tax map key (TMK) files, neither rule 1-8 of the Hawaii county planning department rules of practice and procedure nor this chapter provided a statutory basis for imposing negligence liability upon the county planning department based on a breach of any duty to maintain its TMK files in an accurate, relevant, timely, and complete condition at all times.  134 H. 181, 339 P.3d 679 (2014).