Haw. Rev. Stat. § 92F-1
Short title
This chapter shall be known and may be cited as the Uniform Information Practices Act (Modified).
Hawaii Revised Statutes Chapter 92F — Uniform Information Practices Act (Modified)
Hawaii · statute · Haw. Rev. Stat. ch. 92F · 27 active provisions
Haw. Rev. Stat. § 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.…
Haw. Rev. Stat. § 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…
Haw. Rev. Stat. § 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.
Haw. Rev. Stat. § 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…
Haw. Rev. Stat. § 92F-12
Disclosure required
(a) Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours: (1) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability ad…
Haw. Rev. Stat. § 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 t…
Haw. Rev. Stat. § 92F-14
Significant privacy interest; examples
(a) Disclosure of a government record shall not constitute a clearly unwarranted invasion of personal privacy if the public interest in disclosure outweighs the privacy interest of the individual. (b) The following are examples of information in which the individual has a significant privacy interest: (1) Information r…
Haw. Rev. Stat. § 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; provided that if the action to compel disclosure i…
Haw. Rev. Stat. § 92F-15.3
Notice to the office of information practices
When filing a civil action that is under, related to, or is affected by this chapter, a person shall notify the office of information practices in writing at the time of the filing. The office of information practices may intervene in the action.
Haw. Rev. Stat. § 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 p…
Haw. Rev. Stat. § 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.
Haw. Rev. Stat. § 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…
Haw. Rev. Stat. § 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…
Haw. Rev. Stat. § 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 wit…
Haw. Rev. Stat. § 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 abbr…
Haw. Rev. Stat. § 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 report…
Haw. Rev. Stat. § 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 receipt of the request by the agency unless the personal record requested is exempted under section 92F-22.…
Haw. Rev. Stat. § 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…
Haw. Rev. Stat. § 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 shal…
Haw. Rev. Stat. § 92F-26
Rules
The office of information practices shall adopt rules, pursuant to chapter 91, establishing procedures necessary to implement or administer this part, which the agencies shall follow, in order to ensure uniformity among state and county agencies.
Haw. Rev. Stat. § 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) Opinions and rulings of the office of informat…
Haw. Rev. Stat. § 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 sh…
Haw. Rev. Stat. § 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 informatio…
Haw. Rev. Stat. § 92F-41
Office of information practices; established
(a) There is established an office of information practices within the department of accounting and general services for administrative purposes; provided that: (1) Any quasi-judicial functions of the office of information practices shall not be subject to the approval, review, or control of the comptroller; and (2) Th…
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