Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 39
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69Must the record (or information) be withheld if an
exception applies?
In certain instances, the agency must withhold records, such as
where the record is made confi dential by state or federal law or is
information protected by the individual’s right to privacy under
the state or federal constitutions.
Does the agency have the discretion to disclose the
record, even if an exception applies?
Unless it is required by another law or court order to maintain
the confi dentiality of a record, the agency can choose to disclose
a record that falls under an exception. For example, an agency
may choose to disclose a preliminary document on a project prior
to making a fi nal decision, even though the agency could have
withheld the record under the “frustration” exception.
Step 3 – Provide the Required Response
Within ten business days of receipt of a request, the agency must
respond to the requester. Depending upon the circumstances, the
agency must:
A.
Make the record available; OR
B.
Provide a “Notice to Requester” or
an “Acknowledgment to Requester”
O
R
- J
2015
39
PEN
ECORDS
UNE
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