Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 11
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69We addressed this question in OIP Op. Ltr. No. 05-08,
and addressed a related question in OIP Op. Ltr. No.
93-17. If you are required to submit your cell phone
bills to the agency to receive the monthly allowance,
then the copies of your cell phone bills held by the
agency would be government records (although
exceptions to disclosure may still apply). If the
allowance is automatic and you are not required
to provide invoices to support it, then the agency
will not have copies of your cell phone bills so the
bills would not be considered government records.
FAQ:
My agency received a request for a copy of a letter in
Word form. We have no problem with releasing the
letter, but the Word version has metadata showing
all the edits, which is what the requester is trying to
get. Is the metadata also considered a “government
record” subject to the UIPA?
Metadata associated with an electronic fi le, such as an
e-mail or an Excel or a Word fi le, is still a “government
record” under the UIPA. However, the metadata
associated with an electronic fi le may fall under an
exception to disclosure even when the basic content
of the fi le does not. Word’s record of previous edits to
a fi nal document, for instance, would typically meet
the “deliberative process privilege” test and fall under
the frustration exception. Further, in most instances
the metadata is not even responsive to a request for a
specifi ed document. Thus it may be appropriate for
an agency to provide a PDF copy of a letter or, if the
requester specifi cally wanted a Word version, a Word
copy that has been “cleaned” of metadata using the
Document Inspector tool within Word.
O
R
- J
2015
11
PEN
ECORDS
UNE
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