Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 31
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69to timely appeal from that decision, then OIP’s decision shall
not be subject to challenge by the agency in the action to compel
disclosure.
If the complainant prevails, then the court shall assess against the
agency reasonable attorney’s fees and all other expenses reason-
ably incurred in the litigation.
Appeal to the Court from
an Agency’s Denial of Access
to Personal Records (HRS §§ 92F-27 and -27.5)
An individual who has been denied access to his or her personal
records may seek OIP’s assistance, or bring a legal action against
the agency in circuit court within two years of the denial or access
or, when applicable, receipt of a fi nal OIP determination.
If the court determines that the agency knowingly or intentionally
violated the personal records provisions of Part III of the UIPA,
then the agency shall be liable for actual damages sustained by the
requester, but no less than $1,000, and the costs of the action and
reasonable attorney’s fees. The court may also assess attorney’s
fees and costs against the agency when the complainant substan-
tially prevails in the case, or against the complainant when the
charges brought against the agency are frivolous.
Immunity from Liability (HRS § 92F-16)
Anyone participating in good faith in the disclosure or nondisclo-
sure of a government record shall be immune from any civil or
criminal liability.
O
R
- J
2015
31
PEN
ECORDS
UNE
ADVERTISEMENT
0 votes
Related Articles
Related forms
Change Of Registered Agent's Address Form - Foreign Corporation Office Of The Secretary Of The State
Legal
Application For Welder's Test - Unrestricted License Form - Office Of The Fire Commissioner
Business
Related Categories
Parent category: Legal