Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 26
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69An agency is only required to provide access under Part III to an
“accessible” personal record, which generally means one that is fi led
by the person’s name or other identifying information, or which the
agency can otherwise readily fi nd.
For an extensive discussion regarding the disclosure of personal
records under Part III as compared to government records under
Part II, see OIP Opinion Letter No. F13-01, which provided the
basic analytical framework for responding to a personal
record request, as follows:
1) What is the “personal record” of the individual requesting
access under Part III of the UIPA?
An agency should review the subject matter and contents of the
requested record in order to ascertain what, if any, information
in the record identifi es and is specifi cally about the individual
requesting access, and thereby determine whether all or a portion
of the record constitutes that individual’s “personal record.”
2) Does an applicable Part III exemption in section 92F-
22, HRS, allow the withholding of access to the personal
record?
When an agency has determined that the record, or portions thereof,
is an individual’s personal record, the agency may withhold the
personal record from the individual only when there is an applicable
Part III exemption as set forth in section 92F-22, HRS.
3) What portion, if any, is a government record subject to the
public disclosure requirements of Part II of the UIPA?
Any portion that is not a personal record must be reviewed under
Part II of the UIPA to determine whether the requester, as a
member of the general public, would be entitled to access the
government record.
4) Does an applicable Part II exception in section 92F-13,
HRS, allow the non-disclosure of a government record that
is not a Part III personal record?
An agency may withhold such portion of the record from public
access only when it falls within an exception to required public
disclosure, as set forth in section 92F-13, HRS. If no Part II
26
O
R
- J
2015
PEN
ECORDS
UNE
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