Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 20
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69Exception 3 – The Frustration Exception
(HRS § 92F-13(3))
An agency may withhold access to records that, by their nature,
must be confi dential in order for the agency to avoid frustration
of a legitimate government function. To withhold a record under
this exception, an agency must identify a legitimate government
function of the agency and show how disclosure of the record would
frustrate the agency’s ability to perform that function. Examples
of records that might be included under this exception are:
(1)
Law enforcement records, where disclosure
could reasonably be expected in some particular,
discernable way to interfere with pending
enforcement proceedings.
(2)
Examination materials, if disclosure would com-
promise the validity, fairness, or objectivity of the
examination.
(3)
Government purchasing information that,
if disclosed, would raise the cost of government
procurements or give a manifestly unfair advantage
to any person proposing to enter into a contract or
agreement with an agency.
(4)
Land acquisition information identifying or
pertaining to real property under consideration for
future public acquisition.
5)
Proprietary information, such as research
(
methods, records and data, computer programs,
software, and other types of information
manufactured or marketed by persons under
exclusive legal right, owned by an agency or
entrusted to it.
20
O
R
- J
2015
PEN
ECORDS
UNE
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