Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 21
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69(6)
Confidential business information, which
includes trade secrets or confi dential commercial
and fi nancial information where there is a likeli-
hood of substantial competitive harm. For example,
information may be withheld if disclosure would al-
low competitors to selectively underprice, estimate
profi t margins, or determine market and supply
weaknesses.
(7)
Inter-agency or intra-agency memoranda or
correspondence used in the agency’s decision-
making that falls under the “deliberative process
privilege.” This privilege allows an agency to
withhold recommendations, draft documents,
proposals, suggestions, and other opinion materials
that comprise part of the process by which the agency
formulates its decisions and policies. It protects the
quality of agency decisions by encouraging the
uninhibited exchange of ideas, recommendations,
and opinions within an agency.
To withhold a record, an agency must show that the
record is:
(a) Predecisional, meaning that the record
must be received by the decision-maker
prior to the time the agency decision or
policy is made and
(b) Deliberative, meaning that the record
consists of a recommendation or opinion
on agency matters that was a direct part
of the decision-making process.
A record protected by this privilege may lose this
protection where the agency later expressly adopts or
incorporates the record into its fi nal decision or policy.
O
R
- J
2015
21
PEN
ECORDS
UNE
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