Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 38
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69Step 2 – Determine If an Exception Applies
A record, or a portion of the record, may be withheld if it falls
within one of the five exceptions to disclosure listed under
HRS § 92F-13:
(1)
The Privacy Exception
(2)
The Litigation Privilege Exception
(3)
The Frustration Exception
(4)
The Law or Order Exception
(5)
The Legislature Exception
An exception applies if the answer is “yes” to any of the
following questions:
•
Would disclosure constitute a clearly
unwarranted invasion of an individual’s
personal privacy?
•
Would the record be privileged against
discovery in a judicial or quasi-judicial
action involving the State or any county?
•
Must the agency keep the record confi dential
in order to avoid the frustration of one of its
legitimate functions, i.e., in order to do its
job?
•
Is the record protected by state or federal
law or by court order?
•
Is the record a draft document of a legislative
committee or contained in the personal fi le
of a legislator?
When an agency denies access to a record, the agency
has the burden of justifying its withholding under an
applicable exception.
38
O
R
- J
2015
PEN
ECORDS
UNE
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