Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 64
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69plied promise of confi dentiality.
(3) Consisting of testing or examination material or scoring keys
used solely to determine individual qualifi cations for appointment
or promotion in public employment, or used as or to administer a
licensing examination or an academic examination, the disclosure
of which would compromise the objectivity, fairness, or effective-
ness of the testing or examination process.
(4) Including investigative reports and materials, related to an up-
coming, ongoing, or pending civil or criminal action or administra-
tive proceeding against the individual.
(5) Required to be withheld from the individual to whom it pertains
by statute or judicial decision or authorized to be so withheld by
constitutional or statutory privilege. [L 1988, c 262, pt of §1; am L
1993, c 250, §3]
[92F-23] Access to personal record; initial procedure. Upon the request of
an individual to gain access to the individual’s personal record, an agency shall
permit the individual to review the record and have a copy made within ten
working days following the date of receipt of the request by the agency unless
the personal record requested is exempted under section 92F-22. The ten-day
period may be extended for an additional twenty working days if the agency pro-
vides to the individual, within the initial ten working days, a written explanation
of unusual circumstances causing the delay. [L 1988, c 262, pt of §1; am L 2000,
c 254, §1]
[§92F-24] Right to correct personal record; initial procedure. (a) An indi-
vidual has a right to have any factual error in that person’s personal record cor-
rected and any misrepresentation or misleading entry in the record amended by
the agency which is responsible for its maintenance.
(b) Within twenty business days after receipt of a written request to cor-
rect or amend a personal record and evidence that the personal record contains
a factual error, misrepresentation, or misleading entry, an agency shall acknowl-
edge receipt of the request and purported evidence in writing and promptly:
(1) Make the requested correction or amendment; or
(2) Inform the individual in writing of its refusal to correct or
amend the personal record, the reason for the refusal, and the agen-
cy procedures for review of the refusal. [L 1988, c 262, pt of §1]
§92F-25 Correction and amendment; review procedures. (a) Not later than
thirty business days after receipt of a request for review of an agency refusal to
allow correction or amendment of a personal record, the agency shall make a
fi nal determination.
(b) If the agency refuses upon fi nal determination to allow correction or
amendment of a personal record, the agency shall so state in writing and:
(1) Permit, whenever appropriate, the individual to fi le in the record
64
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R
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2015
PEN
ECORDS
UNE
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