2015 Hawaii Revised Statutes
TITLE 8. PUBLIC PROCEEDINGS AND RECORDS
92F. Uniform Information Practices Act (Modified)

PART I. GENERAL PROVISIONS AND DEFINITIONSPART II. FREEDOM OF INFORMATIONPART III. DISCLOSURE OF PERSONAL RECORDSPART IV. OFFICE OF INFORMATION PRACTICES; DUTIES

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.

Personal information protection requirements. L Sp 2008, c 10, 7 to 15.

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.

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