Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 66
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69date of receipt of the fi nal determination of the offi ce of information
practices. [L 1988, c 262, pt of §1; am L 1989, c 192, §8; am L 2012, c 176, §5 ]
§92F-27.5 Alternative method to appeal a denial of access. (a) When an agen-
cy denies an individual access to that individual’s personal record, the individual
may appeal the denial to the offi ce of information practices in accordance with
rules adopted pursuant to section 92F-42(12). A decision to appeal to the offi ce
of information practices for review of the agency denial shall not prejudice the
individual’s right to appeal to the circuit court after a decision is made by the
offi ce of information practices.
(b) If the decision is to disclose, the offi ce of information practices shall
notify the individual and the agency, and the agency shall make the record avail-
able. If the denial of access is upheld, in whole or in part, the offi ce of informa-
tion practices shall, in writing, notify the individual of the decision, the reasons
for the decision, and the right to bring a judicial action under section 92F-27. [L
1989, c 192, §2]
[§92F-28] Access to personal records by order in judicial or administrative
proceedings; access as authorized or required by other law. Nothing in this part
shall be construed to permit or require an agency to withhold or deny access to a
personal record, or any information in a personal record:
(1) When the agency is ordered to produce, disclose, or allow ac-
cess to the record or information in the record, or when discovery of
such record or information is allowed by prevailing rules of discov-
ery or by subpoena, in any judicial or administrative proceeding; or
(2) Where any statute, administrative rules, rule of court, judicial
decision, or other law authorizes or allows an individual to gain ac-
cess to a personal record or to any information in a personal record
or requires that the individual be given such access. [L 1988, c 262,
pt of §1]
PART IV. OFFICE OF INFORMATION PRACTlCES; DUTIES
§92F-41 Offi ce of information practices; established. (a) There is established
a temporary offi ce of information practices within the offi ce of the lieutenant
governor for administrative purposes.
(b) The governor shall appoint a director of the offi ce of information
practices to be its chief executive offi cer and who shall be exempt from chapter
76.
(c) All powers and duties of the offi ce of information practices are
vested in the director and may be delegated to any other offi cer or employee of
the offi ce.
(d) The director may employ such other personnel as are necessary,
including but not limited to attorneys and clerical staff. without regard to
66
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2015
PEN
ECORDS
UNE
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