Chapter 9 – Information Disclosure

I. Uniform Information Practices Act (UIPA)

The Uniform Information Practices Act (UIPA), enacted in 1988 by the Hawaii State Legislature, closely mirrors the federal Freedom of Information Act (FOIA) of 1967. The intent of both laws is to promote the transparency and accountability of the government to its citizens. Pursuant to 92F, this chapter shall be applied and construed to promote its underlying purposes, which is to:

• Promote the public interest in disclosure;
• Provide for accurate, relevant, timely, and complete government records;
• Enhance governmental accountability through a general policy of access to government records;
• Make government accountable to individuals in the collection, use, and dissemination of information relating to them; and
• Balance the individual privacy interest and the public access interest, allowing access unless it would constitute a clearly unwarranted invasion of personal privacy. [L 1988, c 262, pt of §1]

II. HIOSH Procedures

The Hawaii Occupational Safety and Health strictly follows the provisions of HRS § 92F including all amendments codified by the Hawaii State Legislature.

The Administrative Technical Support (ATS) Branch is designated and trained to handle all requests and inquiries concerning government and personal records, as defined in HRS § 92F-3. The Deputy Attorney General advises the ATS Branch Manger ad hoc to interpret and comply with the provisions of HRS § 92F.

Note: All HIOSH personnel are to report any requests under HRS 92F to the ATS Manager for tracking and processing.

Attachment A

List of UIPA Exemptions

Sections 13 and 14, Hawaii Revised Statutes, Chapter 92F¹

Government records; exceptions to general rule, HRS § 92F-13 (1993)

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.  

Significant privacy interest; examples, HRS § 92F-14 (2020)

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:
   1. Information disclosed under section 92F-12(a)(14); and
   2. The following information related to employment misconduct that results in an employee’s suspension or discharge:
      1. The name of the employee;
      2. The nature of the employment related misconduct;
      3. The agency’s summary of the allegations of misconduct;
      4. Findings of fact and conclusions of law; and
      5. The disciplinary action taken by the agency;
         
         when the following has occurred: the highest non judicial 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 or, for decisions involving county police department officers, ninety days have elapsed following the issuance of the decision;
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 creditworthiness;
7. Information compiled as part of an inquiry into an individual’s fitness to be granted or to retain a license, except:
   1. The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;
   2. Information on the current place of employment and required insurance coverages of licensees; and
   3. The record of complaints including all dispositions;
8. Information comprising a personal recommendation or evaluation;
9. Social security numbers; and
10. Information that if disclosed would create a substantial and demonstrable risk of physical harm to an individual.

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1. Attachment A is provided for reference purposes only and reflects the UIPA exemptions in effect at the time this directive was adopted. The most current version of the UIPA and related regulations should be consulted to determine applicable exemptions. ↩︎