Chapter 92F
Uniform Information Practices Act (Modified)
CHAPTER 92F
UNIFORM INFORMATION PRACTICES ACT (MODIFIED)
Part I. General Provisions and Definitions
Section
92F-1 Short title
92F-2 Purposes; rules of construction
92F-3 General definitions
92F-4 Funding, services, and other federal assistance
Part II. Freedom of Information
92F-11 Affirmative agency disclosure responsibilities
92F-12 Disclosure required
92F-13 Government records; exceptions to general rule
92F-14 Significant privacy interest; examples
92F-15 Judicial enforcement
92F-15.3 Notice to the office of information practices
92F-15.5 Alternative method to appeal a denial of access
92F-16 Immunity from liability
92F-17 Criminal penalties
92F-18 Agency implementation
92F-19 Limitations on disclosure of government
records to other agencies
Part III. Disclosure of Personal Records
92F-21 Individual’s access to own personal record
92F-21.5 Repealed
92F-22 Exemptions and limitations on individual access
92F-23 Access to personal record; initial procedure
92F-24 Right to correct personal record; initial procedure
92F-25 Correction and amendment; review procedures
92F-26 Rules
92F-27 Civil actions and remedies
92F-27.5 Alternative method to appeal a denial of access
92F-28 Access to personal records by order in judicial
or administrative proceedings; access as
authorized or required by other law
Part IV. Office of Information Practices; Duties
92F-41 Office of information practices; established
92F-42 Powers and duties of the office of information
practices
92F-43 Agency appeal of a decision by the office of
information practices
Note
Advisory opinions and guidelines interpreting this chapter are contained in the Uniform Information Practices Act Reference Manual as published by the office of information practices.
Personal information protection requirements. L Sp 2008, c 10, §§7 to 15.
Cross References
Access Hawaii Committee (management of State’s internet portal), see chapter 27G.
Access/legislative information service, see chapter 21D.
Destruction of personal information records, see chapter 487R.
Information privacy and security council; personal information security, see §§487N-5 to 7.
Personal information policy and oversight responsibilities for government agencies, see §487J-5.
Personal information protection, see chapter 487J.
Privacy of consumer financial information, see §§431:3A-101 to 504.
Retail merchant club card requirements, see chapter 487D.
Security breach of personal information, see chapter 487N.
Uniform electronic transactions act, see chapter 489E.
Law Journals and Reviews
2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii’s Office of Information Practices. 36 UH L. Rev. 271 (2014).
Case Notes
Chapter did not require defendant to disclose development proposals. 74 H. 365, 846 P.2d 882.
Chapter applies prospectively, requiring disclosure of records maintained by state agencies regardless of when the records came into existence. 83 H. 378, 927 P.2d 386.
Chapter not a “conflicting statute on the same subject matter” as chapter 89, within the meaning of §89-19, and thus is not preempted by chapter 89 or any collective bargaining agreement negotiated under it. 83 H. 378, 927 P.2d 386.
Confidentiality provision in police union’s collective bargaining agreement with city unenforceable where provision prevents police department from performing its duties under this chapter. 83 H. 378, 927 P.2d 386.
Where trial court determined that any unaccepted engineering reports were returned to the developer and there was a lack of evidence suggesting that the city planning and permitting department “maintained” any reports or copies of the reports that were unaccepted by the department, trial court properly determined that, pursuant to this chapter, the reports submitted to the department in connection with the developer’s subdivision application did not constitute “government records” prior to their acceptance by the department. 119 H. 90, 194 P.3d 531.
As judicial financial disclosure statements are judicial records, created and governed by rule 15 of the rules of the supreme court, promulgated by the court pursuant to its inherent and constitutional judicial authority to regulate judges, and the authority to promulgate rules and keep records with regard to judicial qualification and discipline matters (1) fall within the scope of the court’s power to adjudicate, and (2) is inherently intertwined with such adjudicative power, the rules and records are not subject to this chapter or review by the office of information practices. 121 H. 179, 215 P.3d 411.
In a suit deciding whether disclosure of county council executive session minutes was required, circuit court properly found that both chapter 92 and this chapter applied; if the meeting met an exception to the open meeting requirements put forth in chapter 92, such as an exception enumerated in §92-5, the council was not required to disclose the minutes of that meeting to the public; if the meeting did not fall under such an exception, the council was required to disclose the minutes pursuant to §92-9 and §92F-12. 120 H. 34 (App.), 200 P.3d 403.