State of Hawaii Organization of Police Officers v. City & County of HonoluluAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court mandating the release of certain records, holding that the Uniform Information Practices Act (UIPA) required the release of the requested records.
UIPA mandates disclosure of public records but furnishes an exception for government records which, if disclosed, would constitute a clear unwarranted invasion of personal privacy. Plaintiff, the State of Hawaii Organization of Police Officers (SHOPO), sued under UIPA to prevent the disclosure of certain police misconduct records, claiming that they were subject to the privacy exception. The circuit court dismissed the complaint to the extent SHOPO's claim was based on a violation of the UIPA and denied the motion in all other respects, concluding that SHOPO had no private cause of action for disclosure of government records under the UIPA. The Supreme Court affirmed, holding (1) there is no private cause of action to prevent, as opposed to compel, the release of public records under UIPA; and (2) UIPA required the release of the records.