Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 19
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69What is the public interest in disclosure?
The public has an interest in obtaining offi cial information that
sheds light on an agency’s performance of its statutory
purpose and the conduct of government offi cials, or which
otherwise promotes governmental accountability.
Illustration: Balancing of Interests
A former University President had a significant
privacy interest in the Board of Regents’ evaluation of
his job performance. The public had a strong interest
in scrutinizing the work of the Board of Regents as
well as the President’s performance as a high level
government offi cial. Although the two rights were
closely balanced, OIP found that the public interest
outweighed the employee’s privacy interest.
Exception 2 – The Litigation Privilege Exception
(HRS § 92F-13(2))
An agency may withhold access to a record if a litigation privilege
protects that same information in a lawsuit or quasi-judicial
administrative act involving the state or any county. This exception
prevents a party in an action against the state or a county from
using the UIPA in order to gain an unfair advantage.
For example, an agency’s communication with its attorney to seek
legal advice is generally protected from disclosure in a litigation
context by the attorney-client privilege. Exception 2 would simi-
larly protect this communication from disclosure under the UIPA.
The rationale is that if a person suing the state or a county has
the right to consult with his or her attorney in confi dence, then
the government should have that same right to confi dentially
consult with its attorney.
O
R
- J
2015
19
PEN
ECORDS
UNE
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