Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 10
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69with a private company and has the right to review the records
held by the company under the contract, those records would be
considered government records, even if they are not physically
in the agency’s offi ce.
A record physically in the agency’s offi ce, however, may not be
considered a “government record” where it is held or controlled
by an employee personally and not in his or her capacity as an
employee of the agency, e.g., a personal calendaring system used
solely by the employee. See FAQ below.
Note that an agency is not required to comply with the UIPA to
the extent necessary to protect an agency’s eligibility to receive
federal funding, services, or other assistance.
FAQ:
I am a state employee. Is my personal calendar
considered a “government record” under the UIPA?
We addressed this question in OIP Op. Ltr. No. 04-17
with respect to the calendars of various city offi cials.
The answer depends on the totality of circumstances
surrounding the creation, maintenance and use of
the calendar. Generally, the UIPA governs records
“maintained” by the
agency, not by the individual.
Determination of whether an individual maintains a
record, as opposed to the agency, depends on whether
the individual holds the record in his or her personal
capacity versus his or her offi cial capacity.
FAQ:
I have a cell phone that I use partly for work calls.
I pay the phone myself, but the agency I work for gives
me a monthly allowance toward my cell phone bill.
Are my cell phone bills “government records” under
the UIPA?
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2015
PEN
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