Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 17
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69The Exceptions to Disclosure (HRS § 92F-13)
For any record that does not fall into a category that must always
be disclosed, the UIPA provides that it is a public record unless
one of the fi ve exceptions to disclosure under Part II applies. If an
exception only applies to a portion of a record, the agency must
provide access to the remaining portion of the record.
When a record falls within an exception, an agency may withhold
the record, but is not prohibited by the UIPA from disclosing it.
When an agency wants to disclose a record that could be withheld,
the agency should consult with its attorney as to whether the
record should or must be withheld because of another law or the
state or federal constitutions.
The fi ve exceptions to disclosure for Part II are set forth in
§ 92F-13. In summary, the fi ve exceptions to the general rule
requiring disclosure of government records are as follows:
Exception 1 – The Privacy Exception
(HRS § 92F-13(1))
An agency may withhold access to a record if disclosure of the
record would constitute a “clearly unwarranted invasion of
personal privacy[.]” To withhold a record under this exception,
an agency must be able to show that:
(1)
An individual has a signifi cant privacy interest
in the information contained in the record; and
(2)
The signifi cant privacy interest is not outweighed by
the public interest in disclosure.
What is the balancing test?
An agency must balance the signifi cant privacy interest
against the public interest in disclosure of the information.
If the public interest is found to outweigh the individual privacy
interest, the agency must disclose the information. When an
agency cannot identify a signifi cant privacy interest, the slightest
O
R
- J
2015
17
PEN
ECORDS
UNE
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