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Highlights from the 1997 Annual Report
Statistics from the 1997 Annual Report
Recent OIP Opinions
Next Issue
Highlights from the 1997 Annual Report
The Office of Information Practices recently completed
its 1997 Annual Report and is distributing this publication. Here
is a brief summary of some of the highlights from the new annual
report.
Requests for Assistance
In Fiscal Years 96 and 97, the OIP staff reviewed its outstanding
case load and closed a total of 471 cases. This provided the OIP
with a more accurate account of pending work and allows the OIP
to channel its efforts far more efficiently. During this time, the
OIP continued to receive numerous new requests for assistance. As
of the close of FY 97, the OIP has 237 pending assignments, of which
179 are requests for legal opinions and 58 are requests for assistance
or guidance.
Legislation
In 1997, the OIP reviewed over 170 legislative proposals, and monitored
132 of those measures as they progressed through the Legislature.
This was a substantial increase in legislative involvement wherein
the OIP contributed more testimony, advice, and guidance to the
legislative process than it has at any time in its eight-year history.
All the bills tracked by the OIP in 1997 affected governmentÕs
information practices, including public access to government records
and the privacy rights of individuals.
The OIP also consulted with several government agencies
and elected officials in the drafting of legislation during the
1997 legislative session, primarily sex offender registration, access
to voter registration records, child support enforcement, vital
statistics data, DLIR HIOSH reports, and medical privacy.
Training and Education
In 1997, the OIP developed a new "UIPA Basics" workshop
in which the purposes, requirements, and policies of the UIPA are
taught. The OIP has begun training small groups of government employees
to ensure that they understand the spirit of the public records
law and their role as trustees of government information.
Three State agencies, as well as the State's Public
Information Officers, have already taken part in the new UIPA Basics
workshop. More agencies will receive training in this workshop during
the remainder of the 1997-1998 fiscal year.
Other Features
The 1997 Annual Report also provides updates on the status of the
UIPA's administrative rules and litigation involving government
records, and features a special section on international and national
developments in information practices.
Copies Going Out to Public
Libraries
Copies of the 1997 Annual Report are being forwarded to the State's
public library system. Any government agencies wishing to obtain
copies of this report should contact the OIP at the phone number
or address at the bottom of this column.
Statistics from the 1997 Annual Report
Records Report System:
Total Number of Records Reported: 32,893
Increase Since December 1995: 4,833 [17%]
Number of "Live" Records on the RRS: 29,340
Increase Since December 1995: 5,421 [22%]
Access Classifications of Records on the RRS
(October 1997)
Public 60%
Confidential/ 21%
Conditional
Confidential 16%
Undetermined 3%
Telephone Inquiries to the OIP in 1997:
Types of Telephone Requesters (Fiscal Year 1997)
Government Agencies 54%
The Public 38%
Government Attorney 8%
Calls About State Agencies (Top Six)
Attorney General 9.6%
Human Services 8.0%
Health 7.8%
Education 7.6%
University of Hawaii 7.4%
Commerce &
Consumer Affairs 6.5%
Recent OIP Opinions
Hawaii Natural Heritage Program
Database
The Hawaii Natural Heritage Program ("HINHP") database
provided by The Nature Conservancy to the Office of Planning and
incorporated into the State geographic information system ("State
GIS") is exempt from disclosure as confidential commercial
information which, if disclosed, would result in the frustration
of a legitimate government function. The HINHP database is a comprehensive
compilation of the geographic location and status of rare species
and ecosystems in the State of Hawaii, which is available in such
a complete form only from The Nature Conservancy.
The OIP determined that disclosure of the HINHP database
would result in substantial competitive harm to The Nature Conservancy
and would impair the State's ability to get further such information
from The Nature Conservancy. Such impairment would frustrate the
ability of State agencies to effectively carry out their planning
and environmental protection functions. [OIP Op. Ltr. No. 97-9,
December 17, 1997]
Experience Certificates In
Applications for Contractors Licenses
Prior to a Contractors License Board decision on an application
for a contractors license, experience certificates submitted as
part of the application are exempt from disclosure under the UIPA's
exception for disclosure that would constitute "a clearly unwarranted
invasion of personal privacy." In balancing the individual's
privacy interest against the public interest in disclosure, the
OIP considered the Legislature's determination that an individual
has a significant privacy interest in the information contained
in the experience certificates as "information compiled as
part of an inquiry into an individual's fitness to be granted...a
license."
While the requester suggested that disclosure prior
to board action on the application would enhance the public's ability
to comment on an applicant's qualification for licensure, the public
interest in disclosure under the UIPA lies in reviewing the government's
actions. Because, prior to board action on an application, no government
action has occurred, the OIP determined that public interest in
disclosure does not outweigh the individual's significant privacy
interest in the information contained in the experience certificates.
[OIP Op. Ltr. No. 97-10, December 30, 1997]
Next Issue:
The February issue of Openline will feature the OIP's yearly
review of bills from the Legislature affecting information practices.
And later in the year look for articles on records that are always
confidential ("you can't always get what you want"), privacy
issues and the Internet, and a look at watchdog agencies on the
Internet. In addition, Openline will review information
practices in the international community.
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