UIPA Memo 11-1
Unemployment Insurance Benefits Records
Requester asked whether the Employment Security Appeals
Referees’ Office, Department of Labor and Industrial Relations
(DLIR), properly denied his request under part III of the UIPA for
copies of documents submitted by his employer (Employer’s
Records) in its request to reopen the appeals officer’s decision
on Requester’s claim for unemployment insurance benefits.
OIP found that DLIR may properly withhold the Employer’s
Records from Requester under HRS § 383-95(a) and HRS §
Disclosure of information obtained from an employer
or employee pursuant to administration of HRS chapter 383, Hawaii
Employment Security Law, is governed by HRS § 383-95(a).
DLIR must hold information obtained from an employer
pursuant to chapter 383 confidential, except that such information
must be supplied to the claimant “to the extent necessary
for the proper presentation of the claimant’s claim in any
proceeding” under that chapter. HRS § 383-95(a).
Thus, absent any proceeding on a claimant’s
claim, DLIR may withhold from the claimant information received
from an employer based upon the UIPA’s exemption to disclosure
for records “required to be withheld from the individual to
whom it pertains by statute.” HRS § 92F-22(5).
DLIR’s July 1 letter to Requester stated that
access was being denied because “the employer’s request
to reopen was denied, by decision dated June 21, 2010, and there
is no evidence the employer further appealed the decision in Circuit
Absent any facts asserted by Requester that
presented a basis for disclosure under HRS § 383-95(a), OIP
concluded that DLIR’s response was proper under the UIPA.